MACT grants leg amputee Rs 16.80 lakh compensation
The Motor Accident Claims Tribunal (MACT), Pune, has ordered truck owner and SBI General Insurance Co Ltd to jointly pay Rs 16.80 lakh to an accident victim. MACT was presided over by SM Menjoge, additional member, MACT and district judge, who passed the order on May 3.
The Motor Accident Claims Tribunal also directed Prashant Dnyaneshwar Shejwal, the truck owner and SBI General Insurance Co Ltd, Mumbai to jointly and severally pay the amount to the family members with a simple interest rate of 7 per cent from the date of the registration of the claim.
Ravindra Baliram Shinde, 28, press operator from Rupeenagar in Talwade had filed a compensation claim with the MACT on December 12, 2013 under Section 166 of the Motor Vehicles Act. He claimed compensation for injuries sustained during the motor accident.
The complaint stated that on October 20, 2013, the applicant was travelling in an auto rickshaw and when it was near Birla cement godown at Durga chowk in Nigdi, a truck bearing registration number MH 12 HD 5576 belonging to Shejwal and driven by Sanjay Ajgar dashed against the auto rickshaw. Ravindra was thrown outside and both his legs were crushed. He was admitted in Lokmanya Hospital on October 20, 2013 and was later discharged.His right leg was amputated above the knee. The applicant had to spend more than Rs 7 lakh for the treatment and was 28 years old at the time of the accident and was working as a press operator in M/s Plate masters where he was being paid Rs 7,150 per month.
The truck owner though served with a notice, did not appear in the court and hence the case proceeded ex-parte against him. SBI General Insurance appeared and filed its say before MACT.
SBI General Insurance denied the age, income and claim of the applicant. “It is denied that the applicant had sustained any permanent disability affecting his income. It is denied that the accident took place because of the rash and negligent driving of the truck driver. It is denied that the applicant has sustained permanent disability affecting his salary as press operator.
The insurance policy is admitted by the company but the driver of the truck was not holding a valid and effective driving license on the date of the accident. Hence, there is breach of terms and conditions of the insurance policy by the truck owner and hence the company be exonerated from any liability ,” said their statement. With these submissions, SBI General Insurance prayed for dismissal of claim against it.