The motor accident claims tribunal (MACT) has directed a travel company and an insurance company to pay Rs 29.4 lakh to a 50-year-old woman who sustained serious injuries in a bus accident in south Mumbai in 2018. The tribunal has permitted the insurer to recover its share from the bus owner, a TOI report stated.
Accident During New Year’s Celebration
In 2017, the woman and her friends hired a bus from a travel company to celebrate New Year's Eve. The following morning, the driver lost control and crashed into a building's gate. The woman suffered serious injuries and required extensive medical treatment. A criminal case was filed against the driver.
Compensation Claim and Tribunal Ruling
The woman sought nearly Rs 54 lakh in compensation under the Motor Vehicles Act, stating that she was earning Rs 85,088 per month at the time of the accident. The case proceeded ex parte against the bus owner. The insurance company argued that the driver did not have a valid driving licence and the bus lacked a valid fitness certificate and route permit. It also contended that the injuries did not result in permanent disability.
Tribunal's Assessment of Disability
A disability certificate indicated 30% permanent partial disability. However, MACT reduced it to 20%, stating that it applied "in respect of a particular limb and joint only" and not the entire body. The tribunal then directed the payment of Rs 29.4 lakh in compensation to the woman.