According to the complaint, the applicant suffered permanent partial disability, loss of expectation of life, loss of earning capacity and loss of amenities of life due to the accident, and has thus sought compensation.
The Motor Accident Claim Tribunal (MACT) has awarded a compensation of Rs 22.45 lakh to a 25-year-old woman from Govandi who was aspiring to be an air hostess when she met with an accident in 2011, which led to a 60 per cent disability in her.
The tribunal, while stating that compensation for life and limb can hardly be weighed on golden scales, directed the owner of the offending vehicle, Oil and Natural Gas Corporation Ltd, and insurer of the vehicle, ICICI Lombard General Insurance, to pay the compensation amount with a nine per cent interest rate from 2011. On November 1, 2011, Nagma Shaikh was allegedly hit by a rashly driven vehicle belonging to Oil & Natural Gas Corporation Ltd near Somaiya Ground in Sion.
According to the complaint, the applicant suffered permanent partial disability, loss of expectation of life, loss of earning capacity and loss of amenities of life due to the accident, and has thus sought compensation. The company and the insurance firm in their reply were of the view that though the accident had occurred, there was no material to establish any liability against them, and so they should be discharged from the case. "The involvement of the car in the accident and the negligence of its driver is denied. It is contended that the accident took place due to the contributory negligence of the victim. Hence, the insurer is not liable to pay any compensation," held the two.
"In her cross-examination, she clarified that when crossing the road, the offending car rammed into her sister and herself. She denied that the accident occurred due to her own negligence. So, nothing material is elicited in her cross-examination to discredit her testimony," said the tribunal.
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