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Road Accident: MACT headed by member RV Mohite held the owner and insurer of the guilty truck to jointly and give separate compensation.
Road Accident: The Motor Accident Claim Tribunal (MACT) has ordered a collective compensation of Rs 16.79 lakh to a couple injured in a road accident in 2020. Mact headed by member RV Mohite held the owner and insurer of the guilty truck jointly and responsible for giving separate compensation. A copy of the September 20 order was made available on Sunday. On January 29, 2020, the couple were going somewhere by motorcycle. During this time, a truck carrying goods hit the bike in Dombivali area of Thane district of Maharashtra. The truck driver was found to be negligent as the vehicle was running at a high speed and came from the wrong direction and hit the motorcycle. The plea of violation of the insurer’s policy conditions (lack of valid license, permit and fitness) was rejected.
Dual benefits reject on holidays and salary
The motorcycle rider working in a government company was fractured. The victim claimed 55 percent permanent partial disability. However, the tribunal said that the victim is a government employee. He is in a job. His service conditions have not been changed in any way due to accidental injuries. There has been no decrease in his salary and other sufferings. Therefore, disability cannot be considered functional disability and the future earning capacity of the contender has not decreased. The tribunal said that on the one hand the victim is claiming the amount as compensation in lieu of those holidays and on the other hand is also enjoying the holidays. The victim is also taking salary. The victim is not entitled to both benefits. He was given compensation of Rs 15.11 lakh.
Wife’s disability claim rejected
The victim’s wife, who worked in a private company, also cited permanent disability, but her claim on this basis was also rejected as her injuries did not affect her employment. He was given compensation of Rs 1.68 lakh. The tribunal said that there has been no change in its service conditions due to crashed injuries. There has been no decrease in his salary and other sufferings. Therefore, disability cannot be considered as functional disability and the future earning capacity of the contender has not decreased. The insurance company was directed that the compensation amount should be paid within a month with 9 percent annual interest (from the date of claiming claim). The MACT also directed that a part of the compensation given to the person should be invested in four years fixed deposit.
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