Thane MACT Awards ₹32.66 Lakh Compensation To Amputee Security Guard Injured In 2013 Road Accident

The Motor Accident Claims Tribunal (MACT) in Thane has awarded a compensation of Rs 32.66 lakh to a 27-year-old man from Madhya Pradesh who suffered a below-the-knee amputation and 75% functional disability after being hit by a motorcycle in 2019.

The victim, Dinesh Rajmani Chaurasiya, had filed the claim under Section 166 of the Motor Vehicles Act after a road accident on October 31, 2013. While walking near Bholenath Hotel in Padle, Thane, he was struck by a speeding motorcycle be. The accident resulted in serious injuries, particularly to his left leg, which had to be amputated.

Chaurasiya, who was employed as a security guard with Bombay Management Services, claimed he was earning Rs 15,000 a month and had to spend nearly Rs 7.5 lakh on medical treatment. Although the Tribunal found no documentary proof for the full medical expenses, it awarded him Rs 1 lakh under that head and assessed his notional income at Rs 12,000 per month, factoring in 50% future prospects.

The Tribunal, presided over by S.B. Agrawal, Principal District Judge, ruled that the accident occurred due to the rash and negligent driving of the motorcycle rider. It dismissed the insurance company’s claim of contributory negligence and breach of policy conditions, holding both the vehicle owner and insurer jointly and severally liable for the compensation.

“The disability is contended at 70%, but considering the amputation of the left leg below the knee, the functional disability can be assessed at 75%,” the Tribunal observed in its order. 

Rs 27.54 lakh was towards his loss of income, Rs one lakh towards the complainant’s medical expense and Rs 2.5 lakh for the Pain, suffering, and loss of amenities suffered by the complainant.

The Tribunal also directed the compensation to be paid with 7.5% annual interest from the date of the petition (July 3, 2019) until realisation.