IN ONE of the highest compensations to have been awarded in recent past, the Motor Accident Claims Tribunal in Mumbai has directed a payment of Rs 1.11 crore excluding taxes to be made to a motorcyclist, who suffered 60 per cent permanent disability after being hit by a mini school bus in 2016. The owner of the mini bus and its insurer have been asked to jointly pay the sum along with an interest of 7.5 per cent per year to the victim within a month.
The tribunal presided over by Sanjay Choudante took into account the medical expenses incurred by the motorcyclist to the tune of Rs 13.61 lakh since the accident as well as the expenses expected in the future of around Rs 64.80 lakh.
According to the claimant, he was riding his motorcycle to proceed towards his office in Borivali on July 4, 2016 at 9.10am from his residence in Dahisar. He was 25 at that time. At a junction in Dahisar, a mini bus driver took a sharp turn towards the right without looking for oncoming vehicles or without giving any indication and dashed into the victim, the claim submitted to the tribunal said. The claimant suffered injuries, including multiple fractures and an offence was registered for rash and negligent driving against the driver. The mini bus was insured with a private insurance company.
He was discharged after over a month and incurred expenses of Rs 7 lakh on treatment.
Since the owner of the mini bus did not appear before the tribunal despite the notice issued to him, the claim was proceeded ex-parte without his submissions. The insurance company opposed the claim denying that the accident was a result of rash and negligent driving. It was also claimed that the mini bus was stationary.
Taking into account the testimonies of witnesses, documentary evidence including medical treatment papers, bills and disability certificate, the tribunal noted that there is no reason to deny the case of the claimant.
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