A youth, who lost his leg in a road accident in 2009, has been awarded a compensation of over Rs. 50 lakhs by the Thane motor accident claims tribunal (MACT).
District judge and MACT additional member P R Kadam directed the driver of the offending truck, its owner, and The New India Assurance Company to jointly and severally pay the compensation to the claimant — Santosh Prabhakar Singeri.
The claimant’s advocate, Baldev B Rajput, told the MACT that Santosh, aged 13 at the time of the accident and a resident of Ulhasnagar township in the district, was riding pillion on a motorbike being driven by his father towards Reliance Mall in Thane’s Gandhi Nagar on November 7, 2009.
A speeding truck knocked down their motorbike. Singeri, who was then studying in Class VIII, fell from the two-wheeler and the truck ran over his legs. Following the injuries, his left leg was amputated.
The applicant told MACT that due to the accident he lost his confidence, could not concentrate on studies due to inconvenience and discomfort caused because of his amputated leg, his future career got spoilt and education progress got stagnated. He claimed Rs 29,31,800 on various counts.
The truck driver, Malaji Damodar Rokade, and vehicle owner Amit Container Movers did not appear before MACT and hence the matter was decided ex-parte against them. The insurance firm, however, contested the claim.
In his order, the judge noted that, “Considering the oral evidence of the applicant and spot panchnama on record, I am of the view that the applicant sufficiently proved that the accident took place due to negligent driving of the truck driver. The applicant was pillion rider on motorcycle, therefore question of contributory negligence does not arise.”
Due to the truck driver’s negligence, the applicant suffered grievous injuries and permanent disability. Thus, the applicant is entitled for compensation, the tribunal ruled.
As regards the applicant’s performance in school after the mishap, the applicant submitted that prior to the accident he was scoring around 65 to 77 per cent marks, and after the accident in XII standard he scored just 45 per cent marks.
Considering the applicant’s disability and evidence on record, the MACT recently granted Rs. 50,18,979 compensation to the boy, including costs towards hospitalisation and medical expenses, artificial limb, purchase of scooter of special provisions, physical pain and sufferings, damages for loss of amenities in life including loss of marriage, future earning, and future expenses on replacement of artificial limb.
In another judgement, the tribunal awarded Rs. 9,69,334 compensation to Santosh’s father S A Singeri, who was also injured in the same accident and had lodged the claim.
