The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹1.39 crore in compensation to Mahesh Lalchand Makhija, a 51-year-old sales manager who lost his arm in a bus accident in 2019. The ruling, delivered by MACT Chairman S B Agrawal on March 10, cited the bus driver’s negligence as the cause of the accident and held the vehicle’s insurer, United India Insurance Company Ltd, primarily liable.
The incident occurred on December 16, 2019, when Makhija was traveling on a private luxury bus near Savarne village on the Kalyan-Nagar highway in Maharashtra. The bus, driven at a high speed, lost control, resulting in a severe accident that led to Makhija’s grievous injuries and subsequent amputation of his left arm at a Mumbai hospital.
Makhija, who was earning a monthly income of ₹3.6 lakh from his job at an alcoholic beverages company, initially claimed compensation based on his salary. However, the bus owner, Riyaz Kadar Mohammad, and the insurer contested this claim.
During the tribunal proceedings, it was revealed that the bus driver lacked a valid license for operating heavy vehicles, a breach of the insurance policy. Despite this, the tribunal found both the owner and the insurer liable for compensation. “The license on record is for LMV (light motor vehicles). The owner has not led evidence. Thus, both the respondents would be liable to compensate the petitioner,” the tribunal stated.
The compensation package includes ₹3,98,645 for medical expenses, ₹3 lakh for pain and suffering and loss of amenities of life, ₹1.32 crore for loss of income calculated based on a 50% loss of earning capacity, and ₹50,000 for other miscellaneous expenses. Although Makhija has an 85% disability certificate, the tribunal assessed his loss of income at 50%, taking into account his continued employment until December 2022.
The insurance company is required to pay the total compensation amount of ₹1,39,48,645 with an interest rate of 7.5% from the date of filing the petition. After fulfilling this award, the insurer is entitled to recover the amount from the bus owner.
