30 years later, HC grants compensation for road accident injury that caused no disability

While the compensation of ₹25,000 plus interest, amounting to ₹64,000, may not be a substantial sum, the court’s ruling may impact compensation claims before the Motor Accident Claims Tribunal (MACT)

Mumbai: Thirty years after a Panvel resident was injured in a road accident, the Bombay High Court on Wednesday directed the insurer of the offending vehicle to compensate the woman even though she was not permanently disabled due to the accident.

30 years later, HC grants compensation for road accident injury that caused no disability

While the compensation of ₹25,000 plus interest, amounting to about ₹64,000, may not be a substantial sum, the court’s ruling may impact compensation claims before the Motor Accident Claims Tribunal (MACT), which people often approach after a family member dies or is rendered disabled in a road accident.

The petitioner, Mitali Sawant, had approached the court in 2005, when she was 25, after the MACT turned down her plea for compensation.

Sawant was injured when a tempo crashed into the jeep in which she was travelling with her family from Panvel to Jejuri. The accident occurred near Lonavala on July 15, 1996. Sawant was initially treated at a hospital in Lonavala, and later at the Sion hospital in Mumbai. She suffered injuries to the back of her head that had to be sutured, and other minor injuries.

A single judge bench of justice SM Modak, however, relied on section 164 of the Motor Vehicles Act and said, “A bodily injury means injury of any kind to a person that may be temporary or permanent. It may attract hospitalisation or may not attract. All injuries are covered.”

Though there was no disability certificate on the basis of which the court could assess loss of income, compensation ought to have been awarded by the tribunal on account of medical expenses, pain and suffering, the court said.

The court noted that Sawant had incurred medical expenses of ₹5,000, though bills produced before the court were for ₹1,591.

“Even as per no fault liability, ₹25,000 can be ordered as per the law then in force,” the court said. The court then directed the New India Assurance Company, the insurer of the tempo, to pay the compensation with 7.5% annual interest since 2005, the year the appeal was filed, within eight weeks.