The Motor Accident Claims Tribunal (MACT) in Thane has awarded compensation of Rs 9.78 lakh to Pravin Patil, a resident of Thane, who sustained severe injuries in a road accident involving a WagonR car in 2017. The tribunal found the driver and the insurer of the vehicle, Bajaj Allianz General Insurance, liable to pay the compensation.
According to Patil’s petition, the accident occurred on April 12, 2017, near Umelman village in Vasai. Patil was returning home on his motorcycle when a WagonR coming from the wrong side at high speed collided with his bike. The driver of the WagonR took Patil to Palaskar Hospital in Vasai for initial treatment. Due to the severity of his injuries, Patil was later shifted to Lilavati Hospital in Mumbai and then to Seven Hills Hospital, where he underwent multiple surgeries.
Patil stated that he incurred medical expenses exceeding Rs 10 lakh and required ongoing treatment. He was unable to file a First Information Report (FIR) immediately due to his health condition. The FIR was eventually lodged on October 2, 2017, at Manikpur Police Station, Palghar.
The insurance company, Bajaj Allianz, denied that the insured vehicle was involved in the accident and argued that the delay in filing the FIR raised doubts about the claim. However, the tribunal rejected this argument, stating that there was sufficient evidence to prove the vehicle’s involvement.
The tribunal noted that the driver of the WagonR had taken Patil to the hospital and later informed the police about the accident. The tribunal also considered police documents, including the FIR and spot panchnama, which confirmed the accident.
The tribunal held that the accident occurred due to the negligence of the car driver. It also observed that there was no breach of the insurance policy’s terms, making the insurer liable to pay compensation.
Patil’s medical expenses of Rs 7.28 lakh were proven through hospital records and bills. Additionally, the tribunal awarded him Rs 50,000 for miscellaneous expenses and Rs 2 lakh for pain and suffering.
However, the tribunal did not grant compensation for permanent disability, as the treating doctor did not testify, and there was no conclusive evidence to suggest that Patil’s injuries had a long-term impact on his earning capacity.
Compensation Breakdown:
• Medical expenses: Rs 7,28,472
• Miscellaneous expenses: Rs 50,000
• Pain and suffering: Rs 2,00,000
Total: Rs 9,78,472
The tribunal directed the insurance company to pay the compensation amount to Patil.