MACT Orders Insurer to Pay Rs 9.39 Lakh to Worli Senior Injured in Road Accident
The Mumbai Motor Accident Claims Tribunal (MACT) has directed Shriram General Insurance Co. Ltd. to pay Rs 9.39 lakh in compensation, along with 7.5 per cent interest per annum from 2023, to Pandurang Ghadge, a 77-year-old Worli resident who was severely injured in a street accident on Annie Besant Road in Worli.
The incident occurred at around 6.30 am on April 21, 2023, while Ghadge was walking to a public toilet. As he reached Annie Besant Road, a two-wheeler ridden by Mohd. Sayyed Mohd. Mujjafar Shaikh came at high speed in a rash and negligent manner and struck him.
Following the collision, Ghadge sustained grievous injuries, including a right intertrochanteric fracture, and was shifted to a Municipal Corporation hospital for treatment. He underwent Open Reduction and Internal Fixation (ORIF) surgery. A disability certificate issued by Topiwala National Medical College assessed his permanent partial disability at 68 per cent. The tribunal noted that Ghadge suffered pain, restricted right hip movement, a shortened limb, and was left walking with a limp and unable to squat, stand, or walk without support.
The tribunal ordered the insurance company to pay the complete compensation to Ghadge first and subsequently recover the amount from the driver by initiating execution proceedings. The claim petition against the rider had proceeded ex parte.
Shriram General Insurance had filed a written statement denying the allegations and the involvement of the vehicle, while arguing that Ghadge contributed to the crash. The insurer also raised contentions that the motorcycle rider did not hold a valid driving licence and sought dismissal of the petition. However, considering witness testimony and medical records, the tribunal concluded that the accident was caused by the rider's rash driving.
Addressing the financial claim, the tribunal observed that Ghadge claimed an income of Rs 15,000 per month working as a caretaker at Buddha Vihar, Siddharth Nagar, opposite Poddar Hospital. However, due to a lack of documentary proof, the tribunal treated him as a labourer and assessed his notional monthly income at Rs 10,000. Under Section 164 of the Motor Vehicles Act, the tribunal awarded Rs 2.5 lakh specifically towards pain, suffering, and loss of amenities as part of the total Rs 9.39 lakh award.
