Thane, Apr 1 (PTI) The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 7.76 lakh to a man who suffered permanent disability after being injured in a roadside accident while offering prayers in 2015.
The tribunal, presided over by K P Shrikhande, in the order on March 25, rejected the private bus insurer’s contention that there was contributory negligence on the part of the petitioner or breach of policy conditions, noting that no evidence was produced to support these claims.
It partly allowed the petition filed by Wahid Aziz Khan (then aged 40), who worked as a driver, and directed the bus insurer to pay the compensation to him.
The bus owner did not appear before MACT, and the matter was decided ex parte against him.
The accident occurred near a mosque on the Sion-Kurla road in Mumbai on August 28, 2015, when the petitioner was offering namaz along the roadside, as per the order.
A school bus, driven in a rash and negligent manner, rammed into a tempo, which subsequently overturned and fell on the petitioner and others, causing serious injuries.
The tribunal noted that a case had been registered against the bus driver under relevant provisions of the Indian Penal Code and the Motor Vehicles Act, and the driver was later charge-sheeted and convicted.
Following the accident, Khan was admitted to the hospital and underwent surgery for fractures to his ribs and scapula.
The tribunal accepted that the petitioner suffered permanent partial disability and assessed his functional disability at 30 per cent.
While the claimant had sought compensation of over Rs 39 lakh, the tribunal assessed his notional monthly income at Rs 10,500 in the absence of reliable proof of earnings.
It awarded a compensation of Rs 7,76,590, including for medical expenses, loss of income during treatment, future loss of earnings, pain and suffering, and loss of amenities.
The tribunal held both the vehicle owner and the insurer jointly and severally liable, but directed the insurance company to indemnify the owner and deposit the compensation amount within 30 days.
It ordered that the compensation be paid along with an interest of 9 per cent per annum from November 3, 2022, till the realisation of the amount.
The tribunal observed that there was a delay in the prosecution of the petition by the claimant and accordingly restricted the interest period. PTI COR GK
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