The tribunal found the bus driver negligent, rejected claims of contributory negligence and directed the insurer to pay the amount with interest
-1775030195246_d.png "Thane tribunal awards Rs 7.76 lakh compensation to man disabled in accident a decade ago")
Man hit in 2015 accident gets Rs 7.76 lakh relief. Representational Image
The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 7.76 lakh to a man who suffered permanent disability in a road accident in 2015. The order, passed on March 25 by Presiding Officer K P Shrikhande, brings relief to the petitioner after a long legal process as per PTI.
How the accident happened
The incident took place on August 28, 2015, near a mosque on the Sion-Kurla road in Mumbai. At the time, Wahid Aziz Khan, then 40 years old and working as a driver, was offering namaz by the roadside.
According to the tribunal’s findings, a school bus being driven in a rash and negligent manner crashed into a tempo. The impact caused the tempo to overturn and fall on Khan and others nearby, leaving them seriously injured.
After the accident, Khan was rushed to the hospital, where he underwent surgery for fractures to his ribs and shoulder blade. The tribunal accepted that he suffered permanent partial disability and assessed his functional disability at 30 per cent, which affected his ability to work, reported the news agency.
Tribunal’s observations
The tribunal noted that a criminal case had been registered against the bus driver under relevant laws. The driver was later charge-sheeted and convicted, which supported the claim of negligence.
It rejected the insurance company’s argument that the victim was partly responsible for the accident or that there was a violation of policy conditions. The tribunal observed that no evidence was presented to support these claims.
The bus owner did not appear before the tribunal, and the case was decided ex parte against him.
Compensation details
Although Khan had sought compensation of over Rs 39 lakh, the tribunal assessed his monthly income at Rs 10,500 due to lack of proper income proof. Based on this, it calculated the total compensation at Rs 7,76,590.
This amount includes medical expenses, loss of income during treatment, future loss of earnings, and compensation for pain, suffering, and reduced quality of life.
The tribunal held both the vehicle owner and the insurer responsible but directed the insurance company to pay the amount and recover it from the owner if necessary. It also ordered that the compensation be deposited within 30 days.
The tribunal directed that the compensation amount will carry an interest of 9 per cent per annum from November 3, 2022, until the amount is fully paid. However, it noted delays in pursuing the case and limited the interest period accordingly.
(With PTI Inputs)
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