A city Motor Accident Claims Tribunal (MACT) has directed over Rs. 53 lakh in compensation to a 40-year-old senior business analyst whose left leg was amputated below the knee after a road accident in 2012 when he was 34.
Tribunal Chairman SC Chandak considered that because of the injuries, now the applicant cannot do many activities in life and hence enjoyment of life and married life has suffered a lot. “For many years he will have to bear life without the amenities and injury to legs may shorten his life,” the Tribunal observed.
VRL Logistics, in whose luxury bus he was travelling from Mumbai to Bangalore when it collided with a stationary truck parked on the road without any signal lights in the wee hours, was asked to pay part of the compensation. Holding the truck driver liable for 30 percent of the composite negligence for parking carelessly, the Tribunal ordered its company also to pay, as well as the insurance companies of both vehicles.
The applicant who was seated in the second row of the bus during the accident had deposed that he had restriction in right knee, right ankle, difficulty in walking, climbing stairs and could not run and squat due to the mishap.
Chairman Chandak said that though the applicant is doing the same sitting job and earning comfortably, he must be doing it with great physical difficulty and physical - mental discomfort. The Tribunal said that he may not be able to serve till retirement and thus may lose future income. Also, it cannot be denied that if he had not met with the accident, he may have been able to gain better income by switching jobs and now, due to 40 percent disability he has bleak chances of getting profitable income on the strength of his experience as senior business analyst, it added.
The Tribunal relied on the FIR and police documents to hold that the bus driver was responsible for 70 percent of the negligence as looking into damages the bus suffered, it was at uncontrolled speed.
