Thane, Oct 21 A Motor Accident Claims Tribunal in Thane has ordered compensation of Rs 96.54 lakh to a 41-year-old man who had to endure above-knee amputation of one leg following an accident involving his bike and a truck four years ago.
In its order on Tuesday, the tribunal directed the insurer of the truck to first release the amount and subsequently recover it from the vehicle owner.
As per the order, Sunil Arjun Thorat, who then earned Rs 56,533 a month as a corporate executive, was riding a motorcycle when a speeding truck crashed into the two-wheeler on Thane-Belapur road on October 18, 2022.
Following the crash, Thorat underwent extensive hospitalisation, enduring a post-traumatic left above-knee amputation.
The Rabale MIDC police had registered an FIR and filed a chargesheet against the driver of the truck, owned by M/s. Navdeep Construction Co., under the Indian Penal Code and the Motor Vehicles Act.
While Thorat was represented by advocate A S Chaudhary, advocate A K Tiwari appeared for the insurance company.
The insurance company contested the claim, alleging contributory negligence by the claimant (Thorat). However, the Member MACT R V Mohite observed that neither the driver nor the owner challenged the police prosecution and that the insurer failed to adduce evidence proving negligence or non-involvement.
Noting that the truck had a fitness certificate and the driver held a valid driving licence at the time of the crash, the tribunal found a technical policy breach due to an absent permit on the accident date, thereby ruling on the insurer’s right of recovery.
Considering precedents set by Supreme Court judgments, the victim’s injuries, and the loss of his earning potential, the tribunal directed the insurance company to pay Rs 96,54,895, along with 9 per cent interest from the date the claim was filed. The insurer can recover the amount from the truck owner later, it said.
