Pune: The Motor Accident Claims Tribunal (MACT) has awarded Rs 61.33 lakh in compensation to a 41-year-old bank clerk who suffered permanent disability after a car hit her two-wheeler in Sadashiv Peth in Nov 2021.
In an order dated Oct 27, tribunal member S R Agrawal directed the car owner, driver and insurer to jointly and severally pay the compensation with 7% annual interest from the date the claim petition was filed until realisation. The woman was riding her scooter to work around 8 am on Nov 1, 2021, when a car attempting to cross the road hit her near Vishnu Chowk. Medical records showed that she sustained 48% permanent disability in both lower limbs, restricting her mobility and affecting her control over urinary and bowel functions. Considering her medical condition, mobility restrictions and job requirements, it assessed her loss of earning capacity at 50%. The compensation includes Rs 45.40 lakh for future loss of earnings and Rs 8.43 lakh towards medical expenses.
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“Physical disability and functional disability are distinct concepts,” the tribunal observed, noting that the impact of an injury on a person’s ability to perform their occupation and earn an income must be assessed separately. She suffered a serious spinal injury, including a fracture of the first lumbar vertebra, and underwent major surgery at two hospitals. She could not return to work, and her employer retained her name on its rolls on humanitarian grounds without paying her salary. The tribunal rejected the insurer’s claim that the woman was responsible for the accident, observing that there was insufficient independent evidence to establish that she was riding at excessive speed or had contributed to the collision. The tribunal declined to award separate compensation for future medical treatment and attendant charges, citing a lack of supporting evidence. Download the TOI App.