Thane tribunal grants major compensation to a child severely injured in a Navi Mumbai road accident | GPlus (Representational Image)
Thane, Feb 20: The Motor Accident Claims Tribunal (MACT), Thane, has awarded Rs 25.20 lakh as compensation to a minor girl who suffered grievous injuries in a road accident in 2016 when she was just one year old.
The tribunal held that the child has sustained 50 per cent functional disability and observed that the accident has significantly affected her future prospects.
The award was passed on February 18, 2026, by Member R.V. Mohite in a petition filed under Section 166 of the Motor Vehicles Act through the child’s father as her natural guardian.
The claim arose from an accident that occurred on February 16, 2016, at around 4 pm, when the child was playing outside her home at Annabhau Sathe Chawl in Ishwar Nagar, Digha, Navi Mumbai. A Toyota Etios car allegedly reversed at high speed without blowing the horn and knocked her down.
Medical treatment and FIR
The child was first taken to Chhatrapati Shivaji Maharaj Hospital, Kalwa, and later shifted to KEM Hospital, Parel, for further treatment. Medical records showed that she was admitted multiple times and that her family incurred medical expenses of Rs 80,290.
The Rabale MIDC police registered an FIR against the driver under Sections 279, 337 and 338 of the IPC and Section 184 of the Motor Vehicles Act, and a chargesheet was subsequently filed. The tribunal noted that neither the driver nor the vehicle owner had challenged the registration of the offence or the involvement of the vehicle.
Assessment of disability and compensation
The disability certificate placed on record revealed that the child suffered moderate hearing loss in both ears, corneal opacity in the right eye, and facial palsy. While the overall physical impairment was assessed at 61 per cent, the tribunal, relying on settled principles laid down by the Supreme Court regarding assessment of functional disability and loss of earning capacity, determined her functional disability at 50 per cent.
Observing the long-term impact of the injuries, the tribunal noted that the child’s father is a teacher and her mother was taking tuitions, and that the child had a bright future ahead of her before the accident.
The court assessed her notional income at Rs 15,000 per month and applied the appropriate multiplier, along with 40 per cent future prospects, to calculate the loss of future earning capacity.
Owner, insurer held liable
The vehicle owner had contended that he had sold the car prior to the accident, while the insurer argued that the driver did not possess a valid driving licence and alleged contributory negligence on the part of the parents.
However, the tribunal found that the alleged sale was not proved through admissible evidence and that the insurance company had failed to establish breach of policy conditions. It also held that there was no evidence of contributory negligence on the part of the child or her parents.
The tribunal concluded that the accident occurred solely due to rash and negligent driving of the offending vehicle and held the owner and the insurance company jointly and severally liable to pay the compensation.
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Apart from loss of future income and future prospects, the compensation included amounts towards medical expenses, pain and suffering, special diet, conveyance, attendant charges, loss of marriage prospects, loss of the mother’s income and future medical expenses.
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