Partially disabled man wins Rs 4.9 lakh compensation

The Motor Accident Claims Tribunal (MACT) has awarded compensation of Rs 4.9 lakh to an ONGC employee who was hit by a rashly driven car, rendering him 43 per cent disabled. In its verdict, the tribunal held that it was essential to grant the victim compensation as the accident had affected his effiency and could lead to demotion from his current designation.

The tribunal has asked the insurance firm of the offending vehicle and the tourism company owning the vehicle to pay to the compensation amount, along with a 7.5 per cent interest rate from 2011.

The tribunal in its verdict held, "In my view, admittedly due to alleged accident, there is some effect on the working capacity of the victim as such he cannot do his officer job with the same efficiency with which he was doing prior to accident. Thus, indirectly there is some loss of income due to the alleged accident. Because it is possible that the victim might be demoted if he fails to perform his duty efficiently as material manager, this possibility cannot be ruled out."

The case dates back to January 17, 2011, when Suresh Kothari, 51, a resident of Malad, met with an accident on SV Road in Goregaon. The victim was waiting at a traffic signal, when a car belonging to Manish Tours and Travels, which was travelling at a high speed, rammed into the victim, thereby injuring him. The victim was immediately rushed to Hinduja Hospital, and was hospitalised for a month.

After receiving treatment, he approached the tribunal and filed a complaint against the travel agency and the offending car's insurance firm — National Insurance Company.

The insurance firm claimed that the vehicle driver was not a licence holder and, thus, it was not its responsibility to pay the claim. The travel agency, meanwhile, claimed that it was the fault of the victim and thus it was not liable to pay any compensation.