Mumbai: MACT Awards ₹32.73 Lakh To Woman Injured In 2012 Sion Postal Van Accident, Rejects Driver’s Defence
· Free Press Journal
Mumbai, April 10: The Motor Accident Claims Tribunal (MACT) has awarded compensation of Rs 32.73 lakh to a woman who sustained severe injuries after being hit by a postal van while crossing the road at Sion in 2012.
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Tribunal holds driver negligent
The tribunal, presided over by officer Gauri Kawdikar, while allowing the claim petition filed by Bhumi Manoj Bhatia, held that the accident occurred due to the negligent driving of the postal vehicle and rejected the defence that the claimant was solely responsible for the mishap.
The driver of the vehicle had taken a defence that the vehicle was driven carefully and that the fact that the court had not held the driver of the vehicle guilty and had acquitted him from the charges of rash driving itself showed that the postal van was not guilty.
Civil and criminal standards differ, tribunal notes
The commission, in its orders, maintained, “It is settled legal position that the standard of proof in civil trial and criminal trial is different. In civil trial, the standard of proof is preponderance of probabilities and in criminal trial it is beyond reasonable doubt. Thus, acquittal in criminal trial does not disprove the involvement of the vehicle. When the claimant was crossing the road from pedestrian crossing, it was for the driver of the vehicle to be on lookout while driving. More responsibility is cast on the drivers in comparison to that of pedestrians. It is for the motor vehicle driver to be careful about the pedestrians crossing the road. The responsibility is cast on the rider or driver of the vehicles. Accordingly, no contributory negligence is held on part of the claimant. Thus, on the basis of police papers, it is held that the accident occurred arising out of use of motor vehicle.”
Accident details and injuries
The accident took place on June 25, 2012, when the claimant was crossing the road near Shivneri signal at Sion. A postal van, allegedly driven at high speed, hit her, causing serious injuries, including head trauma and permanent partial disability assessed at 36%.
Medical evidence presented before the tribunal showed that the claimant suffered multiple injuries, including brain hemorrhage and fractures, which led to long-term cognitive impairment.
The tribunal observed that although the physical disability was assessed at 36%, the functional disability was effectively 100% due to the impact on her cognitive abilities and employability.
Compensation and tribunal order
At the time of the accident, the claimant was working as a senior accountant earning Rs 10,000 per month. Considering future prospects and applying the appropriate multiplier, the tribunal calculated the loss of income along with medical expenses and other damages.
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Mumbai News: MACT Awards ₹23.98 Lakh Compensation To Accident Victim After 11-year Legal Battle, Holds Car Driver Negligent In 2015 CrashThe tribunal directed the respondent, Union of India (owner of the postal vehicle), to pay Rs 32,73,735 along with 9% annual interest from the date of filing the petition until realisation.
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