Tribunal member Rupali V Mohite on Saturday ordered the insurer, Reliance General Insurance Co. Ltd, to pay the compensation along with 9 per cent interest per annum to the claimant, Nitesh Sudhir Bhatkar
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The Motor Accident Claims Tribunal in Maharashtra's Thane district has awarded a compensation of Rs 14 lakh to a man who suffered permanent disability in a hit-and-run incident in 2018, reported news agency PTI.
Reliance General Insurance directed to ‘pay and recover’ amount
Tribunal member Rupali V Mohite on Saturday ordered the insurer, Reliance General Insurance Co. Ltd, to pay the compensation along with 9 per cent interest per annum to the claimant, Nitesh Sudhir Bhatkar.
Tribunal applies ‘pay and recover’ principle due to policy breach
The Thane MACT applied the "pay and recover" principle, directing the insurer to satisfy the claim first and subsequently recover the amount from the owner of the vehicle involved in the accident due to a breach of policy conditions, reported PTI.
2018 accident involved head-on collision between two motorcycles
The accident occurred on the night of February 12, 2018, when the claimant, then a 22-year-old engineering student, was riding pillion on a motorcycle heading towards Uttan Naka Road. Another speeding two-wheeler coming from the opposite direction jumped a speed breaker and collided head-on with the claimant's vehicle, reported PTI.
Victim suffered multiple fractures, big toe amputated
The impact left the claimant with multiple fractures and the eventual amputation of the big toe on his right leg.
Police registered case under IPC and Motor Vehicles Act
A case was registered against the rider of the offending vehicle under the Indian Penal Code and the Motor Vehicles Act.
Tribunal reduces disability assessment to 30 per cent functional loss
While the claimant sought to prove a 49 per cent permanent disability, the tribunal scaled this down to a 30 per cent functional disability.
"The percentage of permanent disability with reference to the whole body of a person cannot be assumed to be the percentage of loss of earning capacity," MACT member Mohite noted, reported PTI.
Offending rider lacked valid driving licence, tribunal notes
The tribunal also observed that the rider of the offending vehicle did not hold a valid and effective driving licence at the time of the accident, thus breaching the insurance policy terms, reported PTI.
Break-up of Rs 14.09 lakh compensation detailed by tribunal
The tribunal awarded a total compensation of Rs 14,09,871, which includes Rs 6.48 lakh for loss of future income, and Rs 2.59 lakh towards future prospects, alongside Rs 3.62 lakh for hospital and medical expenses.
(With inputs from PTI)
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