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The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation amounting to â¹8.84 lakh to a 26-year-old woman who suffered serious injuries in an auto-rickshaw accident that took place in 2021. The tribunal held both the owner of the vehicle and the insurance provider jointly and severally liable for the payout.
According to PTI, the order was passed on 29 April by MACT member S N Shah and became publicly accessible on Sunday.
The incident occurred on 9 December 2021 when the claimant, Monika Ajay Rokade, was travelling in an autorickshaw along a road in Thane city that was undergoing Metro Rail construction. In her deposition, Rokade stated that the vehicle was travelling at excessive speed when it suddenly overturned into a pothole. She further informed the tribunal that a sharp tin barrier at the site inflicted severe injuries on her upper limb, causing grievous harm. The driver reportedly rushed her to the nearest hospital.
The local police booked the driver under Section 338 of the Indian Penal Code (IPC), which pertains to causing grievous hurt by acts endangering the life or personal safety of others.
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Rokade informed the tribunal that the accident left her with a permanent partial disability assessed at 23.70 per cent. However, the court later rationalised this figure to 15 per cent. She sought compensation under multiple heads, including future loss of income, medical expenses, and pain and suffering.
The insurance company, while admitting the vehicle was insured during the relevant period, challenged the claim by arguing that the driver lacked a valid driving licence and that the vehicle was overloaded at the time of the accident. However, the tribunal found the insurer's stance contradictory and unsupported by any evidence. According to PTI, the tribunal took a stern view of the insurer's failure to provide proof for either claim.
Holding the driver negligent, the tribunal stated that the accident occurred due to reckless driving and that the insured vehicle was directly responsible for the injuries sustained.
The tribunal ordered the vehicle owner and the insurance firm to jointly and severally pay a sum of Rs 8.84 lakh to Rokade within one month from the date of the order.
(With inputs from PTI)
