The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 47.28 lakh to a man who suffered “life-altering” injuries and physical disability after being hit by a speeding motorcycle in 2017, reported news agency PTI.
Insurer directed to pay first, recover from owner
Thane MACT member RV Mohite, in the judgment on March 13, ordered the offending two-wheeler`s insurer to pay the amount to the claimant first and subsequently recover it from the vehicle owner, citing a breach of insurance terms as the rider lacked a valid driving license, reported PTI.
Victim suffered severe injuries, multiple fractures
The claimant, Abdul Gafoor Mohammed Altaf Shaikh, then aged 20 and an undergraduate commerce student, was crossing a flyover road when a motorcycle hit him at Mira Bhayander in Maharashtra`s Thane district, reported PTI.
The impact left Shaikh with multiple fractures of the skull base, nasal bone and femur, as well as optic nerve injury and head trauma.
Treatment cost exceeded Rs 25 lakh, disability at 35 per cent
The tribunal noted the claimant`s treatment across various hospitals costing more than Rs 25 lakh.
While the claimant sought compensation of Rs 1 crore, the tribunal assessed his functional disability at 35 per cent.
The motorcycle owner did not appear before the tribunal and the matter was decided ex parte against him.
Rider negligent, no licence; compensation with 9 per cent interest
Reflecting on the nature of the accident, the tribunal said the motorcycle rider drove in a rash and negligent manner and there is nothing on record to show any contributory act on the claimant`s part, reported PTI.
It also noted that the motorcycle rider did not have a driving licence at the time of the accident. Thus, there is a breach of the terms and conditions of the insurance policy by the motorbike rider, the Thane MACT said, reported PTI.
It ordered a compensation of Rs 47.28 lakh along with an interest rate of 9 per cent per annum from the date of the petition (April 18, 2019) until the realisation of the amount, reported PTI.
The compensation includes Rs 11.34 lakh for loss of income, Rs 4.53 lakh for future prospects, Rs 25.19 lakh for hospitalisation, and various sums for physiotherapy, pain and suffering, and attendant charges, reported PTI.
The tribunal directed that Rs 10 lakh of the award be invested in a fixed deposit for three years, with the remainder being transferred directly to the claimant`s bank account.
(With inputs from PTI)
