The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of ₹8.84 lakh to a 26-year-old woman who sustained serious injuries in an autorickshaw accident that occurred amidst ongoing Metro Rail construction in the city.
In its order dated April 29, a copy of which was made available on Sunday, MACT member S N Shah held both the vehicle owner and the insurance company jointly and severally liable to pay the compensation amount to the claimant, Monika Ajay Rokade, within one month.
The incident took place on December 9, 2021, when Rokade was travelling in an autorickshaw through a road affected by Metro construction. According to her testimony, the vehicle was speeding when it overturned into a pothole. A sharp tin barrier at the site caused grievous injuries to her upper limb. She was rushed to a hospital by the autorickshaw driver, who was later booked under Section 338 of the Indian Penal Code for causing grievous hurt through a negligent act.
Rokade told the tribunal that the accident left her with a permanent partial disability assessed at 23.70 per cent, which the court rationalized to 15 per cent. She sought compensation for medical expenses, pain and suffering, and future loss of income.
The insurance company argued that the autorickshaw driver lacked a valid driving licence and that the vehicle was overloaded at the time. However, the tribunal took a stern view of the insurer’s contradictory stand, particularly as it admitted that the vehicle was insured during the period in question. It further noted that the insurer failed to produce evidence to support its claims regarding the licence or overloading.
