Seven years after a doctor lost both his legs in an accident, the Bombay High Court recently enhanced the compensation to be paid by the truck company, because of whose driver the accident took place, from ₹22 lakh to ₹27 lakh with interest.
A Single Bench of Justice Vibha Kankanwadi was hearing an appeal filed by Dr. Prashant Munde for enhancement of compensation granted by Motor Accident Claims Tribunal (MACT).
On April 17, 2012, a truck rammed into Dr. Munde’s motorcycle from behind and ran over both his legs, and they had to be amputated. He contended to be paid ₹45 lakh by United India Insurance Co. Limited, as the truck belonged to them and the accident took place because of the driver’s negligence. The insurance company denied him compensation, but the MACT granted him compensation of ₹22,35,095, to be paid by the driver and company jointly with 7% interest per annum from 2012.
The court considered, since the doctor practised at Yeldari Taluka, his income would be ₹12,000 per month. Taking his age, future prospects and the fact that he was self-employed into account, it said that because of the accident, the claimant would have a loss of income of ₹22,57,920, which he was entitled to get.
The court said, “As regards the non-pecuniary damages are concerned, the medical bill on record is to the extent of ₹69,095 which has to be reimbursed to him. It would be appropriate to award amount of ₹1 lakh towards pain and sufferings, ₹2 lakh towards loss of amenities of life and ₹1 lakh towards future medical expenses as well as expenses for crutches/Jaipur Foot etc and ₹25,000 towards attendance and transport charges. Thus he is entitled to get compensation of ₹27,52,015.”
The court set aside the MACT order and modified the quantum to ₹27, 52, 015 with 7.5% per annum from the date of the petition in 2012.
