Thane: Sales Manager Awarded ₹1.39 Crore Compensation for Disability After 2019 Luxury Bus Accident | File Photo
Thane: The Thane Motor Accident Claims Tribunal (MACT) has awarded a whopping Rs 1.39 crore in compensation to a sales manager at Diageo India (United Spirits Limited), who suffered permanent disability after the luxury bus he was traveling in met with an accident in 2019.
While delivering the judgment, the court held that based on the petitioner’s evidence and police records, it was apparent that the accident was caused due to the negligence of the vehicle’s driver. The bus was owned and insured by United India Insurance Company, making both the driver and the insurance firm liable to compensate the petitioner.
The case dates back to December 15, 2019, when Mahesh Makhija, a resident of Ulhasnagar, was traveling in a private luxury bus. Around 1:30 am, as the speeding bus reached Savarne Village near Tokawade, the driver lost control of the vehicle. Makhija sustained grievous injuries and was rushed to Bombay Hospital for treatment. The accident was so severe that doctors had to amputate his left hand from the arm.
In his petition, Makhija claimed that he was working as a sales manager at Diageo India and earning ₹3,60,377 per month. Given his injuries and subsequent disability, he sought compensation. However, the insurance firm denied the claim, arguing that the driver did not have a valid license at the time of the accident and, therefore, the petition should be dismissed.
The MACT, while passing its order, held. “From the petitioner’s evidence and police papers, it is evident that the accident was caused due to the driver’s negligence. The vehicle was owned and insured by the insurance company. As for the insurer’s defense, it has been established that the driver was operating a heavy vehicle without a valid license. The license on record was for LMV (Light Motor Vehicles). Since the owner has not provided any evidence, both respondents are liable to compensate the petitioner. However, the insurer has the right to recover the amount from the owner after settling the compensation.”
Considering Makhija’s salary and medical expenses, the court observed that out of the Rs 8,98,644.22 medical bill, Rs 5,00,000 was covered by mediclaim, leaving the respondents liable to pay the remaining Rs 3,98,644.22.
Regarding future loss of income, the court noted that Makhija’s annual CTC was Rs 31,00,000. Although the accident occurred in December 2019, he remained employed until December 2022, when he voluntarily resigned and received Rs 22,00,000 upon exit.
Given the 85% disability certificate, the court assessed his loss of income at 50%, setting his net monthly income at Rs 2,00,000. Additionally, the court awarded Rs 3,00,000 for pain and suffering and Rs 50,000 for miscellaneous expenses. Taking all factors into account, the MACT awarded Makhija a total compensation of Rs 1,39,48,645.
