A Motor Accident Claims Tribunal has ordered the Maharashtra State Road Transport Corporation (MSRTC) to pay a compensation of over Rs. 26 lakhs to a youth whose right leg got amputated above the knee after a 2015 accident with the latter’s bus.
The claimant Shobit Ahire, a Nalasopara resident had met with an accident with the bus on 19 July 2015 at Usgaon Naka in Vasai. He was riding his father’s motorcycle with his friend Ditesh as a pillion when a head-on collision took place with the bus. Ditesh died due to injuries sustained in the accident within a few hours of it while taking treatment.
Tribunal Chairman SC Chandak held that the accident took place due to the composite negligence of both the bus driver and Shobit in the ratio of 75:25. It considered the FIR lodged against Shobit and that the vehicles collided from the front in holding that it is probable he was overtaking a vehicle and came in the way of the bus. It also observed considering the impact of the mishap that both vehicles were in speed and hence they could not avoid the accident.
Chairman Chandak said it is important to consider that the claimant was 28 years and physically fit at the time of the accident. Further that according to his testimony he cannot run, walk or stand without support, cannot sit across and cannot do his day-to-day work and assessed his disability at 50 percent permanent disability with reference to his whole body. Shobit had claimed he worked as a sales executive at a private real estate firm. The tribunal stated that now he cannot do work as before and would have to do desk work. It quantified his loss in earning capacity at 80 percent.
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“Due to amputation, Shobit must have suffered great pain, trauma, etc. At present, he is aged about 33 years. It also considered that enjoyment of life including marital aspects has suffered a lot and that the amputation may shorten his life,” it said.
It also ordered Rs. 4 lakhs for the prosthesis and its maintenance, which is included in the compensation amount.
