Thane MACT awards ₹10.25 lakh compensation to Kandivali woman injured in New Year’s Eve bus accident | GPlus (Representational Image)
Thane: Thane’s Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 10,25,947 to a 45-year-old Kandivali-based woman who was injured in a road accident on New Year’s Eve in 2017.
The tribunal ruled that the Rs 26 lakh compensation sought by the victim, Amee Bhuta, did not align with the ratio laid down by the Supreme Court, which guides compensation calculations. Instead, Bhuta was awarded compensation based on a 25% occupational disability she suffered due to the accident.
The tribunal held Bhiwandi-based Ameya Travels, the owner of the bus, and Bajaj Allianz General Insurance Company, its insurer, liable for the compensation.
According to the petition, Bhuta and her friends had hired a private bus to celebrate New Year’s Eve in Mumbai. The accident occurred on January 1, 2018, around 1 a.m. on Pedder Road while they were returning to Borivali from Nariman Point. The driver lost control of the vehicle and crashed into the gate of Padam Building. Bhuta suffered multiple rib fractures, spinal injuries, and other complications. She was rushed to Jaslok Hospital, where she remained admitted for ten days.
Bhuta, while arguing before the tribunal, stated that she was a self-employed businesswoman earning Rs 25,000 per month and sought Rs 26.95 lakh in damages.
However, the insurance company opposed her claim, stating that the bus was not permitted to carry private passengers. It also argued that the driver did not have a valid license and that Bhuta’s injuries were not severe enough to cause permanent disability.
Meanwhile, the driver of the vehicle failed to appear before the tribunal. After reviewing the arguments, the tribunal found the driver negligent. It noted that the bus had been operating outside its legally permitted route and purpose.
The tribunal allowed the insurance company to recover the compensation amount from the travel agency after making the payment to Bhuta.
After reviewing medical records, the tribunal accepted a 25% permanent partial disability assessment. Due to a lack of concrete business income records, it fixed Bhuta’s notional income at Rs 15,000 per month and awarded her Rs 10,25,947 in compensation.
