In a significant ruling that underscores the importance of perseverance in the legal system, the Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 20 lakh to a man grievously injured in a road accident, bringing closure to a grueling nine-year legal battle. The tribunal decisively dismissed the insurance company's argument that the involved vehicle's policy was fraudulent.
A Decade-Long Fight for Justice
The case stemmed from a tragic incident on the morning of November 27, 2015. The victim, who was 29 years old at the time, was standing on the Louiswadi service road near the Mumbai-Nashik highway. At approximately 9:05 am, a speeding motorcycle crashed into him, causing severe injuries.
The impact resulted in multiple fractures to his jaw, face, and left leg, along with significant head trauma. His condition necessitated extensive medical care, and he was admitted to a Super Specialty Hospital in Thane for over a month. Following the accident, the local police registered a case against the motorcyclist under relevant sections of the Indian Penal Code and the Motor Vehicles Act.
MACT's Firm Rejection of Insurer's Defense
While adjudicating the petition filed under Section 166 of the Motor Vehicles Act, MACT member Rupali V. Mohite made two crucial determinations. First, the tribunal concluded that the accident occurred solely due to the negligence of the motorcyclist and that the victim bore no contributory fault.
Second, and more notably, the tribunal firmly rejected the defense put forth by the insurance company. The insurer had contested the claim by alleging that the motor insurance policy presented was fake and fabricated. However, the MACT found that the company failed to provide sufficient evidence to substantiate this serious allegation. This rejection was pivotal in paving the way for the compensation award.
Calculation of Compensation and Final Order
After a thorough assessment, the tribunal determined that the victim suffered a 15% functional disability. The total compensation of Rs 20.04 lakh was calculated to cover various heads:
- Medical expenses incurred during treatment.
- Loss of future earning capacity due to the disability.
- Compensation for pain, suffering, and trauma.
- Costs related to conveyance for medical visits.
The MACT ordered the vehicle owner and the insurance company to jointly pay the amount within one month. In a prudent move to ensure financial security for the claimant, the tribunal directed that Rs 3 lakh from the award be invested in a three-year fixed deposit. The remaining sum is to be released to him immediately.
This ruling not only provides long-awaited relief to the victim but also sends a clear message about the burden of proof required to dismiss a claim on grounds of policy fraud. It highlights the tribunal's role in balancing the scales of justice, especially when individuals face off against large corporate entities.
