The Motor Accident Claims Tribunal (MACT) in Thane has ordered a compensation of ₹7.76 lakh for a 40-year-old driver who suffered permanent partial disability after a school bus triggered a chain-reaction accident while he was offering prayers by the roadside in 2015.
The tribunal, presided over by Member K. P. Shrikhande, dismissed the insurance company’s allegations of “contributory negligence,” ruling that there was no evidence to suggest the victim was at fault for the injuries sustained during the crash.
The incident dates back to August 28, 2015, near a mosque on the Sion-Kurla road in Mumbai. The petitioner, Wahid Aziz Khan, then aged 40 and employed as a driver, was offering namaz along the roadside.
According to the case records, a school bus driven in a “rash and negligent manner” rammed into a stationary tempo. The impact was severe enough to cause the tempo to overturn and fall directly onto Khan and several others nearby.
Khan was rushed to the hospital with multiple injuries, including fractures to his ribs and scapula, which required surgical intervention. The tribunal noted that the bus driver was subsequently charge-sheeted and convicted under the Indian Penal Code and the Motor Vehicles Act for the negligent act.
While the petitioner had initially sought a claim exceeding ₹39 lakh, the tribunal conducted its own assessment of his earning capacity and the extent of his injuries. In the absence of documented proof of his exact salary, the MACT assessed his notional monthly income at ₹10,500.
The tribunal accepted that the accident resulted in a permanent partial disability for Khan, calculating his functional disability at 30 per cent.
Addressing the defense raised by the private bus insurer, the tribunal rejected the argument that the petitioner contributed to the accident or that policy conditions were breached. The bus owner failed to appear before the tribunal, leading to an ex parte decision against him.
In the order passed on March 25, the tribunal held both the vehicle owner and the insurer jointly and severally liable. However, it directed the insurance company to indemnify the owner by depositing the compensation amount.
The total award of ₹7,76,590 covers:
- Medical expenses
- Loss of income during the period of treatment
- Future loss of earnings due to disability
- Pain, suffering, and loss of amenities
The tribunal further directed that the compensation be paid with an interest of 9 per cent per annum. Notably, the interest period was restricted to start from November 3, 2022, until the realization of the amount, as the tribunal observed a delay on the part of the claimant in prosecuting the petition. The insurer has been directed to deposit the funds within 30 days.
