Thane: The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 8,84,019 to a 22-year-old Mulund resident who was injured in an accident while travelling in an auto rickshaw in December 2021. In her statement, the woman claimed that the poor condition of the roads, caused by the Mumbai Metro construction work, was the primary reason for the accident.
According to case details, Monika Rokade, 22, was travelling in a rickshaw in Thane on December 9, 2021, at around 6:30 p.m. The rickshaw driver was speeding on a road that had been damaged due to the construction of the Mumbai Metro. While aggressively overtaking another vehicle, the rickshaw tilted to the right into a pothole.
Rokade, who was seated on the right side, suffered serious injuries when her upper limb was slashed by a protruding tin barrier affixed to the road. Co-passengers requested the driver to take her to a hospital, and she was taken to Aarogyadhan Hospital, Thane. An FIR was registered against the rickshaw driver.
When the matter was brought before the tribunal, the insurance company argued that the rickshaw was carrying more passengers than its permitted capacity, indicating negligence on the part of the driver. The insurer, therefore, claimed it was not liable for the accident.
While calculating the compensation amount, the tribunal considered the disability certificate issued for Rokade. Although the certificate stated that she had sustained a 23.70% permanent partial disability, it was dated September 26, 2022—approximately nine months after the accident and her treatment. Considering the time lapse, the tribunal assumed the disability to be 15%.
Regarding her occupation, Rokade claimed she was employed at Home Credit in Infinity Towers, Gurgaon, Haryana, earning Rs 26,517 per month at the time of the accident. However, the tribunal noted that she had not submitted any documentary evidence to support her claim—such as proof of designation or duties performed—and only provided oral testimony. Consequently, her notional income was fixed at Rs 15,000 per month.
The tribunal observed: “As per the petitioner, on the date of the accident, she was 22 years old. Her occupational disability is held to be 15%. Therefore, her loss of future income is calculated as Rs 15,000 × 12 × 18 × 15% = Rs 4,86,000. Since the petitioner was below 40 years of age and salaried at the time, future prospects are considered at 40% of the established income. This amounts to Rs 4,86,000 × 40% = Rs 1,94,400.”
Based on these calculations, the tribunal awarded a total compensation of Rs 8,84,019, along with interest at 8% per annum from the date of filing the petition until the actual realization of the amount.
