The Motor Accident Claims Tribunal (MACT) in Thane has awarded Rs 29.39 lakh in compensation to a Mumbai woman injured in a 2018 road accident. The tribunal directed the bus owner and insurer to jointly pay the amount with 8% annual interest
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The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 29.39 lakh to a 50-year-old woman who sustained severe injuries in a road accident in 2018.
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According to PTI, the tribunal’s member, S N Shah, issued an order on 18 March, directing that the bus owner and insurer jointly and severally compensate the petitioner. The compensation amount will accrue an annual interest of 8 per cent from the date of filing the petition until its full realisation. The tribunal also granted the insurance company the right to recover the amount from the vehicle owner. A copy of the order was made available on Saturday.
As per PTI reports, the claimant, Hema Kantilal Vaghela, a Mumbai resident, was travelling with friends on a bus hired from a private travel company to celebrate New Year’s Eve on 31 December 2017. While returning from Nariman Point via Pedder Road in the early hours of 1 January 2018, the driver lost control of the vehicle, which subsequently crashed into the gate of a building.
Vaghela suffered grievous injuries and was rushed to Jaslok Hospital, where she underwent prolonged medical treatment. Her lawyer, Baldev B Rajput, presented these details before the tribunal.
Following the incident, a case was registered against the bus driver under sections 279 (rash driving), 337 (causing hurt by an act endangering life), and 338 (causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code.
According to PTI reports, Vaghela filed a claim seeking Rs 53.95 lakh in compensation. She stated that she was employed as a consultant, earning Rs 85,088 per month at the time of the accident.
The case proceeded ex-parte against the bus owner, while the insurer contested the claim, arguing that the driver did not possess a valid driving licence at the time of the accident. Additionally, the bus lacked a fitness certificate and route permit, violating insurance policy terms. The insurer further contended that Vaghela’s injuries were not severe enough to result in permanent disability.
The tribunal partially accepted the claim, relying on medical records and expert testimony. A disability certificate issued on 10 March 2019 indicated that the petitioner had suffered a 30 per cent permanent partial disability. However, the tribunal revised this to 20 per cent, stating, “The disability opined by the doctor pertains to a specific limb and joint only. Therefore, the disability affecting the whole body is comparatively lesser.”
According to PTI, Vaghela was awarded compensation under various heads, including:
Rs 21,07,661 for future loss of income
Rs 5,26,915 for loss of income towards future prospects
Rs 2,14,670 for total medical expenses
Rs 30,000 for special diet and conveyance
Under non-pecuniary heads, the petitioner was granted:
Rs 30,000 for pain and suffering
Rs 30,000 for loss of amenities and enjoyment of life
The tribunal directed the respondents to deposit Rs 29,39,246, along with 8 per cent annual interest, into the MACT Thane account within a month. It further ruled that Rs 4,39,246 would be transferred directly to Vaghela’s bank account, while Rs 25 lakh would be placed in a fixed deposit under her name for five years.
(With inputs from PTI)
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