Mumbai: A Motor Accident Claims Tribunal (MACT) has ordered a compensation of Rs 77 lakh to a now 40-year-old sales professional whose arm was run over in 2013 by a tanker while overtaking.
The order was passed by the tribunal on October 11. The victim, Rohit Menon, then 31, was proceeding with a pillion rider on his scooter on Western Expressway around 10.30 pm on the fateful day on December 30, 2013.
They had reached near Natraj Studio in Andheri East when the tanker which was trying to overtake another vehicle, collided with their vehicle. Their two-wheeler fell and his arm got run over by the rear wheel of the heavy vehicle. The pillion rider also suffered injuries. The tanker driver had fled from the spot.
Menon said in his testimony before the court that he suffered many serious injuries including a crush injury to his right arm. He was first taken to Cooper Hospital and then got admitted at a private hospital. His hospitalization and medical expenses came to Rs 20 laks he said. He claimed a compensation of Rs 1 crore with interest for the loss of earning capacity due to the mishap.
Tribunal member RV Jagtap said in the judgment that being the driver of a heavy vehicle, it was the prime duty of the tanker driver to take care of other vehicles moving on the road particularly at night. It noted too that the tanker was overtaking the scooter the applicant was riding and held it solely responsible for the accident. The owner of the tanker did not appear before the tribunal despite notice and an ex-parte order was passed.
The order said that due to the accident the applicant suffered a lot of pain and continues to do so. Likewise, member Jagtap said that due to injury and disability sustained by the applicant, he obviously faces some problems to enjoy life as he would have earlier.
A report by JJ hospital had assessed his disability at 76 percent and had opined that it is permanent and not likely to improve. The tribunal said considering this report, that the applicant has suffered severe impairment to his hand. It also considered the testimony of an employee of the private hospital where Menon was treated and noted that documents show he was admitted seven times at the facility and had incurred huge expenses.