Mumbai 2020 accident: Tribunal orders truck owner and insurer to jointly pay nearly Rs 17 lakh to couple

The Motor Accident Claims Tribunal (MACT) has awarded a total compensation of Rs 16.79 lakh to a couple injured in a road accident in 2020. The tribunal, presided over by member R V Mohite, held the truck’s owner and insurer jointly and severally liable to pay the amount, reported TOI.

The truck driver was found negligent because the vehicle was speeding and came from the wrong side and dashed the motorcycle. The insurer's contention of a breach of policy terms (lack of valid license, permit, and fitness) was rejected. The motorcycle rider, working with a government company, suffered fractures. He claimed permanent partial disability, according to a TOI report.

"The claimant is a govt servant. He continues to be in employment. His service conditions are not in any way altered due to accidental injuries. There is no drop in his salary and other emoluments. Hence, the disability cannot be considered as functional disability and there is no loss in the future earning capacity of the claimant," the tribunal said. It allowed the claim for the 191 days of 'leave without pay' taken by the man, but rejected his claims for casual, half-pay and privilege leaves.


"The claimant is claiming amount against those leaves as compensation at one hand and at the same time enjoying leaves and accepting salary of those leaves on the other hand. The claimant is not entitled to get both benefits," the tribunal said.

He was awarded Rs 15.11 lakh in compensation. His wife, employed in a private company, had also claimed permanent disability, but her claim was rejected since her injuries did not impact her work. She received Rs 1.68 lakh in compensation.

"Her service conditions are not in any way altered due to accidental injuries. There is no drop in her salary and other emoluments. Hence, the disability cannot be considered as functional disability and there is no loss in the future earning capacity of the claimant," the tribunal said. The tribunal ordered that the compensation, along with 9% annual interest from the date the claim was filed, be paid within one month. It also directed that a portion of the man’s compensation be invested in a four-year fixed deposit.

(with TOI inputs)