The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹1.09 lakh compensation to a woman advocate who sustained injuries in a road accident six years ago. The award, passed by tribunal member R.V. Mohite on August 30, was against her original claim of ₹10 lakh, with the tribunal noting that she did not suffer any permanent or functional disability.
The incident occurred on November 10, 2018, when the advocate’s scooty was hit from behind by a speeding car allegedly driven rashly and negligently in Kalyan, Maharashtra’s Thane district. In her petition, she sought compensation of ₹10 lakh, restricted to ₹1 lakh, along with interest.
The tribunal observed that the accident was solely due to the negligence of the car driver. As the car owner failed to produce the driver’s licence, it inferred that the driver did not possess a valid licence at the time of the accident.
While acknowledging the negligence of the car driver, the tribunal rejected the claim that the advocate suffered loss of livelihood.
- The tribunal noted that her income tax returns for the assessment year 2019–20 showed no decline in income due to the accident.
- It also rejected her claim of ₹75,000 monthly income, instead fixing a notional income of ₹15,000 per month.
- Importantly, it held there was no permanent partial or functional disability preventing her from continuing her legal practice.
“There is no evidence to show that the claimant is unable to do her practice as an advocate due to the accidental injury. Thus, there is no future loss of income to the claimant,” the tribunal observed.
The tribunal awarded ₹1,09,516 as compensation, along with 9% annual interest from the date of filing the petition. Both the car owner and insurer were directed to make the payment jointly and severally, with the insurer entitled to recover the amount from the car owner.
