Man gets Rs 40.8 lakh compensation in accident case

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Thane Motor Accidents and Claims Tribunal (MACT) awarded a compensation of Rs. 40.84 lakh to an engineer who had become handicapped in an accident in 2009.

MACT Chairman R R Gandhi, in the order delivered recently, directed the claimant’s employer ESSDEE Foundations and Constructions in Navi Mumbai and insurance company, National Insurance Company to jointly pay the compensation amount to claimant John K Mathew on the ground that due to the accident he will be unable to join work to earn his living in future.

Mathew, in his application filed in 2010, told the Tribunal that he was working as an engineer with the company and on the day of incident on October 19, 2009, he was travelling to Kolhapur with MD of the company and met with an accident. While his colleague died, he sustained serious injuries leading to disability.

Appearing for the claimant, advocate S S Shetty in his submission told the Tribunal that Mathew was drawing a salary of Rs. 28,000 in 2009 and due to injuries he had become disabled by 65 per cent.

He also said that Mathew was unable to do regular work which he was doing prior to the accident, and was unable to go to construction sites for work.

Due to the accident, his client lost future prospect of promotion in his job, and that he would have earned Rs. 75,000 by way of salary in future, Shetty told the Tribunal.

The tribunal dismissed the submissions by lawyers representing Mathew’s employer and the insurance company.

The judge in his order observed that the claimant has become disabled and unable to join duty. Therefore, there is loss of 100 per cent salary in future. On account of loss of salary (future income), the firm and insurance company was directed to pay the compensation.