Mumbai, April 25: The Mumbai Motor Accident Claims Tribunal (MACT) has awarded compensation of Rs 6.24 lakh to a 31-year-old daily wage worker, a mason by profession, who had sustained injuries in a BEST-run bus accident in 2017.
The Tribunal, in its orders, has held the bus driver guilty of rash and negligent driving, which thus resulted in sustaining serious injuries to the victim.
Details of the accident
According to the petitioner, Kamal Ali Sheikh, the accident took place on November 25, 2017, near Gulalwadi Circle, Bhuleshwar, when a BEST bus allegedly hit him from behind while he was standing near a wall to let traffic pass. He suffered fractures to his pelvic region and required hospitalisation at Sir J.J. Hospital.
Evidence and findings
The victim had produced the FIR copy, spot panchnama, and medical evidence to conclude negligence on the part of the bus driver.
The tribunal, apart from relying on the produced documents, has also noted inconsistencies in the driver’s testimony and reiterated that acquittal in a criminal case does not bar compensation under motor accident claims, which are decided on the basis of “preponderance of probabilities.”
Income assessment and disability
While the claimant had asserted a monthly income of up to Rs 30,000, the tribunal assessed his income at Rs 12,000 per month, citing inconsistencies in supporting documents. It further determined that the functional disability affecting his earning capacity was 15%, despite a medical assessment of 54% permanent partial disability.
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Current employment and compensation breakup
The tribunal observed that although the claimant could no longer work as a mason due to the nature of his injuries, he was currently employed as a watchman earning Rs 10,000 per month.
The compensation includes Rs 4.83 lakh towards future loss of income, along with amounts for pain and suffering, medical expenses, physiotherapy, and loss of amenities. The tribunal also awarded interest at 7.5% per annum from the date of filing the claim.
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