Thane, Sep 16 The Motor Accident Claims Tribunal (MACT) in Thane district has awarded a compensation of Rs 16.50 lakh to a woman and her two minor sons who suffered serious injuries after being struck by a speeding tempo on the Old Mumbai-Pune Highway in 2023.
Presided over by Member R V Mohite, the Tribunal on Tuesday ordered The New India Assurance Company Ltd to pay the compensation at the first instance and subsequently recover the amount from the vehicle owner due to a breach of insurance terms.
The accident occurred on March 27, 2023, when a woman, Pratibha Virendra Singh (then aged 26), was returning home to Naigaon in Maval taluka of Pune district along with her two sons, Rachit (then aged 6) and Nitesh (5), after picking them up from school.
While they were crossing the Old Mumbai-Pune Highway near a hotel, a speeding tempo rammed into the trio. The impact knocked all the three to the road, causing severe, multi-fracture injuries that required their emergency hospitalization.
The Kamshet police in Pune district subsequently registered a case against the tempo driver, Ganesh Ranpise, and filed a chargesheet against him for rash and negligent driving.
In separate rulings, the Tribunal awarded Rs 5,01,137 to Pratibha Singh, Rs 6,41,225 to Rachit and Rs 5,08,000 to second son Nitesh (total payout Rs 16,50,362) along with 9 per cent per annum interest from the date the petitions were filed in April 2023.
While medical certificates produced by an orthopaedic surgeon claimed the victims suffered permanent partial physical disabilities ranging from 22 per cent o 30 per cent, MACT scaled down the functional disability assessment to 10 per cent for each victim.
The Tribunal cited judicial precedents regarding medical evaluations by non-treating doctors and the high likelihood of physical recovery given the children's tender age, while scaling down the functional disability assessment.
In her observations, Judge Mohite addressed the validity of the disability certificates issued by an examining orthopaedic specialist who was not the treating doctor.
Referring to a Supreme Court ruling, the Tribunal observed, "The percentage of permanent disability with reference to the whole body of a person, cannot be assumed to be the percentage of loss of earning capacity."
"The doctor who treated an injured-claimant or who examined him subsequently to assess the extent of his permanent disability can give evidence only in regard the extent of permanent disability," said the quasi-judicial body.
During the proceedings, the insurance company argued the vehicle owner, Nilesh Ekanath Gawade, had committed a wilful breach of policy conditions because the driver did not hold a valid licence to operate a heavy goods vehicle.
Evidence presented by a Thane RTO official confirmed that the driver was licenced only for light motor vehicles (LMVs) and non-transport three-wheelers at the time of the collision.
Accepting this argument, Judge Mohite noted, "The driver of the offending vehicle was holding a valid driving licence only for three-wheeler and LMV class of vehicles on the date of accident. He was not holding a licence for heavy goods vehicle. This is a breach of insurance policy."
Consequently, the insurer was ordered by the Tribunal to satisfy the claim to the third-party victims first and then execute recovery proceedings against the vehicle owner.
MACT mandated that the financial awards allocated to the two minor boys be placed in fixed deposits with a nationalized bank until they attain majority.
