Mumbai: Labour court orders ₹15L payout to auto driver injured in road mishap

A labour court in the city has ordered an auto rickshaw owner and an insurance company to jointly pay compensation of over Rs. 15 lakh to an auto driver who met with a road accident in 2013 during employment with the owner.

The compensation reached that amount after being ordered to be paid with 12 percent interest per annum since the time of filing of the plea for compensation before the court.

The court also ordered the employer - the rickshaw owner to pay a penalty of Rs. 4 lakh for not paying the compensation to the driver within a month of the accident.

Achhelal Yadav, a Dahisar resident had filed an application before the labour court in October 2013 seeking compensation from his employer and the auto’s owner Mohan Mane and insurance company Reliance General Insurance. The accident took place at 3 PM on Oct 6, 2013 when he had lost control over the auto and hit a stationary car on an over-bridge at Vile Parle while one the way from Malad to Bandra on the Western Express Highway. He had fallen out of the vehicle and suffered serious injuries and was admitted at VN Desai hospital.

Mane had told the court that the accident had taken place due to Yadav’s negligence. The insurance company, though had appeared before the court through its advocate, did not file written submissions, the court noted.

A doctor who had appeared for Yadav had deposed before court that he found six disabilities in Yadav due to the accident including deformity of right knee and restriction and pain in its movement. He further stated that Yadav was unable to climb stairs, squat, stand or walk for long. He also said that Yadav was unable to drive or perform day-to-day activities and hence on radiological examination, he assessed his disability at 87 percent permanent partial one.

RN Kulkarni, Commissioner for Employees Compensation and Judge, Labour Court found the loss for earning capacity of Yadav at 87 percent and said he is entitled to ask for compensation under the Workmen's Compensation Act and also entitled to penalty on the compensation amount to be paid by the employer as he was not compensated on time.

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Free Press Journal