The Motor Accident Claims Tribunal (MACT) in Thane, Maharashtra, has awarded Rs 10.8 lakh in compensation to a 29-year-old man severely injured in a 2018 road accident. MACT Chairman S B Agrawal ruled that the tempo owner involved in the accident and the insurance company are jointly responsible for compensating the claimant. This includes an interest rate of 7.5% per annum from the date of filing the petition until the full amount is paid.
The accident occurred on September 1, 2018, when the claimant, a salesperson at a Thane mall, was hit by a speeding tempo while riding his motorcycle over the Kasheli Bridge. The victim sustained significant injuries and required hospitalization, as detailed by the petitioner’s advocate, PM Tillu.
The tribunal’s decision came after the tempo owner failed to appear, resulting in an ex parte decision against him. The insurance company, represented by Advocate PB Nair, contested the claim, arguing several points against the compensation demand. However, their objections were not enough to sway the tribunal’s final decision.
Interestingly, the tribunal acknowledged that the victim was not wearing a helmet at the time of the accident. However, it ruled that this did not contribute to the accident itself, although it may have exacerbated his injuries. The tribunal emphasized that there was no contributory negligence on the part of the petitioner that would mitigate the compensation amount.
The awarded sum includes Rs 5.35 lakh for hospital expenses, Rs 3 lakh for pain and suffering and loss of amenities, and Rs 1 lakh each for the cost of removing an implant and for loss of income during hospitalization and recuperation. An additional Rs 45,000 was allotted for miscellaneous expenses.
