Thane, Jul 17 The Motor Accident Claims Tribunal (MACT) in Thane district has awarded a compensation of Rs 25.45 lakh to a 39-year-old security guard who suffered severe permanent partial disability following a road accident in 2022.
In a detailed judgment on Thursday, MACT member R V Mohite ruled that the driver of the vehicle involved in the accident and the insurer, Reliance General Insurance Company Ltd, are jointly and severally liable to pay the compensation to the victim, Kamlesh Srichand Panjwani.
The tribunal relied on a landmark Supreme Court ruling while awarding the compensation which is to be paid with 9 per cent annual interest from the date of the petition.
Claimant Panjwani, a resident of Ulhasnagar in Thane district, was riding pillion on an Activa scooter on May 26, 2022, on the Mankoli Bridge along the Bhiwandi-Kalyan Road. At around 5:30 pm, an Eicher Tempo coming from the opposite direction crashed into the scooter, causing him severe injuries. He underwent extensive treatment at various hospitals.
The key legal dispute centred on evaluating the true functional disability of the claimant. While a medical expert, Dr Samir Ankush Lokare, assessed Panjwani's permanent physical disability at 54 per cent, the insurer contested this, maintaining the doctor was not his treating physician and the disability pertained only to a particular limb.
To resolve this, the tribunal relied on the landmark Supreme Court ruling in Raj Kumar vs Ajay Kumar and Another (2011) case. The ruling laid down standard guidelines for calculating just and reasonable compensation in motor accident cases involving permanent disability.
Applying principles mentioned in the apex court verdict, the MACT member observed: "There is no reliable evidence to show the working capacity of the claimant has been reduced to the extent of disability assessed by Dr Lokare (54 per cent). So his functional disability is assessed to the extent of 25 per cent only."
In the absence of concrete proof regarding the claimant's paper tube business or security guard earnings, the tribunal assessed his notional income at Rs 17,000 per month.
Applying a multiplier of 16 for his age group (35 years at the time of the accident) and factoring in 40 per cent for future prospects, the tribunal calculated the future loss of income at Rs 11,42,400 (Rs 8,16,000 for loss of income and Rs 3,26,400 for future prospects).
Additionally, the court awarded Rs 9,49,533 for hospital bills, Rs 3,08,798 for medicines, Rs 20,000 for ambulance charges, Rs 1,00,000 for pain, suffering and loss of amenities, and Rs 25,000 for a special diet, taking the total compensation award to the claimant to Rs 25,45,731.
The MACT directed the insurance firm to deposit the amount within a month.
Out of the total payout, it said Rs 5 lakh should be kept in a fixed deposit for three years in a nationalized bank, with the balance to be transferred to the claimant's bank account.
