In one of the highest compensations to have been awarded in the recent past, the Motor Accident Claims Tribunal in Mumbai has directed a payment of Rs 1.11 crore excluding taxes to be made to a motorcyclist, who suffered 60 percent permanent disability after being hit by a mini school bus in 2016. The owner of the minibus and its insurer have been asked to jointly pay the sum along with an interest of 7.5 per cent per year to the victim within a month.
The tribunal presided over by Sanjay Choudante took into account the medical expenses incurred by the motorcyclist to the tune of Rs 13.61 lakh since the accident as well as the expenses expected in the future of around Rs 64.80 lakh.
According to the claimant, he was riding his motorcycle to proceed towards his office in Borivali on July 4, 2016, at 9.10 am from his residence in Dahisar. He was 25 at that time. At a junction in Dahisar, a minibus driver took a sharp turn towards the right without looking for oncoming vehicles or without giving any indication and dashed into the victim, the claim submitted to the tribunal said. The claimant suffered injuries, including multiple fractures and an offense was registered for rash and negligent driving against the driver. The minibus was insured by a private insurance company. Despite a notice issued to the owner of the minibus, he did not appear before the tribunal, the claim proceeded ex-parte without his submissions.
The claim was opposed by the insurance company, denying that the accident was a result of reckless/rash and negligent driving. The claims also included that the minibus was parked.
Taking into consideration the documentary evidence including testimonies of witnesses, bills and disability certificates, medical treatment papers, the tribunal detains that there is no reason to deny the claim of the claimant.
