The Motor Accident Claims Tribunal (MACT), Thane has awarded compensation of ₹20.92 lakh to a woman tailor and ₹7.75 lakh to a domestic help for permanent disabilities sustained in a 2018 road accident, holding the insurer liable to pay the amounts at the first instance and recover them from the vehicle owner due to a willful breach of policy conditions.
MACT member R.V. Mohite passed two separate orders on February 12 in claims arising out of the same accident, a copy of which was received on Monday.
The tribunal recorded that on April 24, 2018, Ratna Vijay Bhagwat (44), a domestic help, and Sayali Vijay Salunkhe (35), a tailor, were travelling in a luxury bus when it collided with the rear of a trailer parked on the first lane of a national highway near a bridge in Valsad district, Gujarat.
The trailer had been parked on the highway without any signal, light or warning indication, making it invisible to the bus driver. Two bus drivers died in the collision and several passengers were seriously injured.
The tribunal held that the accident was a case of composite negligence, noting that the trailer was negligently parked on the highway and also lacked a valid fitness certificate on the date of the accident, which constituted a breach of insurance policy conditions.
Salunkhe suffered paralysis of both lower limbs and was assessed with 80% permanent disability. However, the tribunal determined her functional disability at 50%, observing that modern electric sewing machines can be operated using hands and elbows.
She was awarded ₹20,92,510, which included ₹1.5 lakh towards future medical expenses.
Bhagwat sustained injuries to the lumbar region resulting in 51% permanent partial disability. The tribunal assessed her functional disability at 30% and awarded ₹7,75,653 as compensation.
The tribunal directed the insurer of the offending trailer truck to pay the compensation amounts with 9% interest per annum from the date of the petitions, with liberty to recover the sums from the vehicle owner due to the willful breach of policy terms.
It further ordered that ₹3 lakh from Salunkhe’s award and ₹2 lakh from Bhagwat’s award be kept in fixed deposits.
