The Thane’s Motor Accident Claims Tribunal (MACT) has granted relief to a former employee of Mantralaya, who suffered 42 percent permanent partial disability after being hit by a motor container in 2018. The tribunal directed the owner of the motor container and the vehicle’s insurer, IFFCO Tokio General Insurance Company, to compensate the victim for the losses. The two parties were jointly ordered to pay Rs 46,36,117 to the complainant immediately. Failure to do so would result in an interest penalty of Rs.08.50 percent per annum on the compensation amount, applicable from the date of the order until the amount is fully paid.
The MACT, while determining the compensation, considered the age and earning capacity of the victim. At the time of the accident, the victim was 24 years old and employed with the Food, Civil Supplies, and Consumer Protection Department at Mantralaya, Mumbai. He was also running his own business, earning a monthly income of approximately ₹60,000–₹70,000, as verified by his income tax statements. “The petitioner was self-employed and below 40 years of age at the time of the accident. Therefore, the petitioner’s future income prospects can be held as 40 percent of the established income,” read the MACT’s order while deciding on the compensation.
The accident occurred on January 5, 2018, at around 10:30 PM, when the victim, Mayur Kadam, a resident of Nalasopara, was returning home from work on his motorcycle. A motor container in Thane collided harshly with Kadam’s bike, causing him severe injuries. He was rushed to Titan Hospital for initial treatment and later transferred to Jupiter Hospital for further care. Although Kadam survived the accident, he was left with 42 percent permanent partial disability.
The insurance company and the owner of the motor container opposed the claim, arguing that the victim was driving his motorcycle in a zigzag manner, which led to the accident. They contended that the victim was at fault.
However, the MACT rejected these allegations, stating that they were not supported by any evidence and were therefore unproven.
The MACT directed the two parties to pay Rs 36,36,117 with proportionate interest directly to the victim via RTGS or NEFT. The remaining Rs10 lakhs, along with proportionate interest, was to be kept in a fixed deposit at any nationalized bank in the petitioner’s name for a period of five years.
