Thane MACT awards Rs 1.23 lakh compensation against Rs 35 lakh demand for road accident victim; cites no functional disability

THANE: The Motor Accident Claims Tribunal (MACT), Thane, reduced the compensation claim of a 49-year-old road accident victim from ₹35.3 lakh to ₹1.23 lakh with 9% annual interest, ruling that he suffered no functional disability despite injuries.The accident occurred on May 12, 2019, near Bisleri Junction on the Western Express Highway when the victim, a resident of Kalyan, was riding pillion on a motorcycle and was struck by a speeding Maruti Celerio car owned by a private car owner. The impact threw him off the bike, causing fractures and other injuries. He was shifted for treatment at different hospitals and remained under medical care for several days, the lawyer representing the claimant told the tribunal.Subsequently, the local police registered a case against the car driver for rash and negligent driving at the local police station. The vehicle was insured with an insurance company, making both the owner and insurer jointly and severally liable to compensate the victim. Presiding Member R.V. Mohite rejected the claim of permanent disability and loss of earning capacity. The tribunal noted that although a disability certificate citing 41% partial disability was produced, it was not issued by the treating hospital and lacked proper supporting medical evidence.

Mohite observed that the man resumed employment and was, in fact, earning more after the mishap at another private company. “Thus, there is absolutely no functional disability suffered by the claimant,” the order stated.The tribunal also accepted hospital and medical bills, awarding ₹88,157 for treatment and medicines, along with ₹25,000 towards pain and suffering, ₹5,000 for a special diet, and ₹5,000 for conveyance, totalling ₹1,23,157. The amount must be deposited in the MACT account within a month and released through the claimant’s bank.