Thane MACT Awards ₹23.27 Lakh Compensation To 47-Year-Old Mumbra Resident Injured In 2021 Highway Accident

Thane: The Motor Accident Claims Tribunal (MACT), Thane, has awarded a compensation of Rs 23,27,972 to Gulhasan Iqbaluddin Khan (47), a resident of Mumbra, who sustained grievous injuries in a road accident on May 6, 2021.

While passing the order, the Tribunal held that the accident occurred due to the rash and negligent driving of both — the offending motor container and the claimant, Khan. However, since Khan had sustained serious injuries in the incident, he was entitled to receive compensation.

Accident Occurred on Mumbai–Ahmedabad Highway

According to the complaint, Khan was driving a motor trailer on the Mumbai–Ahmedabad Highway in May 2021 when he collided with the rear end of a motor container that took a sudden turn and stopped abruptly without proper indication.

MACT Cites Violation of Road Regulation by Claimant

The Tribunal observed that the driver of the offending container was negligent in suddenly applying brakes while taking a turn. At the same time, Khan was also found negligent for violating Regulation 23 of the Rules of the Road Regulations, 1989, which mandates maintaining a sufficient distance from the vehicle ahead to avoid a collision in case it slows down or stops suddenly.

Tribunal Assesses 40% Functional Disability

“Khan sustained serious injuries, including a right tibia shaft fracture and a left acetabulum fracture. His functional disability was assessed by the Tribunal at 40%, overriding the 100% occupational disability certified by a private doctor. This assessment was made in accordance with the principles laid down by the Supreme Court in Raj Kumar vs. Ajay Kumar,” the Tribunal noted. “The total compensation determined before deduction for the claimant’s contributory negligence was Rs 33,25,674,” it added.

Insurance Company Directed to Pay, with Recovery Rights Granted

The Tribunal further held that Golden Carrying Corporation, the owner of the offending container, had violated the insurance policy conditions, as the driver did not possess a valid and effective driving licence for heavy transport goods vehicles on the date of the accident.

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Consequently, the Tribunal directed New India Assurance Company Limited to pay the compensation amount initially, but granted it the right to recover the amount from the vehicle owner.

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