The Motor Accident Claims Tribunal (MACT) in Thane has awarded Rs 58.3 lakh in compensation to a 35-year-old software engineer who lost his leg after being hit by a speeding truck in 2019.
In an order dated February 23, MACT member R V Mohite directed the truck’s insurance company to first pay the compensation to the claimant and then recover the amount from the vehicle owner, amid a dispute over the authenticity of the insurance policy.
The claimant, Kiran Suresh Mali, a senior software developer, was riding his motorcycle on Ghodbunder Road in Thane’s Anand Nagar area on March 30, 2019, when a truck rammed into his two-wheeler from behind. The collision caused a severe crush injury, resulting in the amputation of his left leg and 65 per cent permanent disability.
The truck owner failed to appear before the tribunal, and the case proceeded ex parte against him.
The insurance company contested the claim, alleging that the policy produced was “fake and fabricated.” However, the tribunal observed that records from the Regional Transport Office (RTO) showed that the vehicle was insured with the firm.
The tribunal noted that even if the insurer was not strictly liable due to policy-related disputes, the claimant, as a third party, was entitled to compensation. It cited rulings of various high courts and the Supreme Court holding that insurers must satisfy the award in favour of third-party victims in the first instance and may later recover the amount from the vehicle owner or driver.
While assessing the impact of the disability on Mali’s career, the tribunal observed that the same percentage of physical disability could result in varying degrees of loss of earning capacity depending on the nature of the profession, age and other factors. It assessed his functional disability at 25 per cent and fixed a notional monthly income of Rs 45,000, as he had not submitted income tax returns or bank statements to substantiate his claimed salary of over Rs 84,000.
The compensation awarded includes Rs 21.6 lakh towards loss of income, Rs 8.64 lakh for future prospects and Rs 18 lakh for a future artificial limb and its maintenance. The tribunal also directed that the amount be paid with interest at 9 per cent per annum from April 2019, the date of filing the petition.
