In a significant ruling, the Motor Accident Claims Tribunal (MACT) in Thane has awarded Rs 29.39 lakh in compensation to Hema Kantilal Vaghela, a 50-year-old Mumbai resident who sustained serious injuries in a road accident on January 1, 2018. The decision was made by MACT member S N Shah, who also mandated an annual interest of 8% on the compensation from the date the petition was filed until its actual realization.
The accident occurred when Vaghela was returning from a New Year’s Eve celebration at Nariman Point in Mumbai. The bus, operated by a private travel company, veered out of control and crashed into a building’s gate on Pedder Road. Vaghela, who was employed as a consultant earning Rs 85,088 monthly, suffered grievous injuries and underwent prolonged treatment at Jaslok Hospital.
The tribunal heard that the bus driver faced charges under various sections of the Indian Penal Code, including rash driving and causing grievous hurt. The case proceeded ex-parte against the bus owner, while the bus insurer challenged the claim, arguing that the driver lacked a valid license and the bus did not have a valid fitness certificate or route permit at the time of the accident.
Despite the insurer’s assertion that the injuries were trivial and did not result in permanent disability, the tribunal recognized a 20% permanent partial disability based on medical records and expert testimony, a reduction from the 30% opined by doctors.
Vaghela sought Rs 53.95 lakh in compensation, but the tribunal awarded her Rs 29.39 lakh, breaking down the compensation for future loss of income, medical expenses, and additional costs for special diet and conveyance. The award also included non-pecuniary damages for pain and suffering and loss of life’s amenities.
