Mumbai, October 3, 2026: The Motor Accident Claims Tribunal (MACT), Mumbai, has awarded Rs 77.96 lakh compensation to a 32-year-old driver who suffered permanent loss of vision in his left eye after being hit by an SUV on the Eastern Express Highway service road at Kanjur Marg in October 2022.
The tribunal, presided over by A. A. Ghaniwale, directed Tata AIG General Insurance Company Ltd to pay Rs 77,96,600 with 7.5% annual interest from the date of the claim application until realisation. The order was pronounced on October 1, 2026.
Tribunal Finds Negligence Established
“In view of the guidelines of above discussed authorities, as the fact of an accident is not challenged and insurer failed to bring any material to show that, the driver of offending vehicle was not involved in the said accident or failed to bring any material to show that, he was not negligent, the strict proof of negligence of the driver is not required in such cases, therefore, in view of oral as well as documentary evidence on record as discussed above, I come to conclusion that, the applicant has duly proved this issue,” the order copy reads.
Driver Suffered Permanent Vision Loss
According to the claim, Suhas Bhagwan Jagadale, then aged around 32, was returning home from work towards Vikhroli at around 1.15 am on October 5, 2022, when a Mahindra & Mahindra SUV allegedly rammed his vehicle from behind near the Metro Depot at Kanjur Marg.
He was admitted to Fortis Hospital, Bhandup, with a traumatic optic nerve injury, multiple facial lacerations and a right clavicle fracture, resulting in complete blindness in his left eye.
Jagadale, who worked as a driver and earned around Rs 24,800 per month after professional tax, claimed that the injury had rendered him completely unable to continue his occupation.
The tribunal accepted the evidence showing that he was working as a driver and held his occupational disability at 100%, despite medical disability certificates assessing his physical disability at 30%.
Rs 66.66 Lakh Awarded For Future Loss
While determining the compensation, the tribunal awarded Rs 1.30 lakh towards actual medical expenses and Rs 10 lakh for pain, suffering and loss of amenities of life. It calculated the loss of future earning capacity at Rs 66.66 lakh, applying a 40% future-prospect addition and a multiplier of 16, considering his age of 32.
Insurer’s Defence Rejected
The insurer had opposed the claim, arguing that the SUV driver did not possess a valid driving licence at the time of the accident. However, the tribunal noted that the insurer neither examined a witness nor produced the chargesheet to substantiate the alleged breach. The driver’s licence produced on record was valid, and the tribunal therefore rejected the insurer’s defence.
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The tribunal also relied on Supreme Court precedents concerning assessment of occupational disability, particularly where an injury affects a person’s ability to perform the occupation in which he was engaged.
It noted that loss of one eye had a direct impact on Jagadale’s ability to work as a driver. The tribunal rejected claims for future medical expenses and damage to the claimant’s scooter for want of sufficient supporting evidence.
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