MACT grants ₹1.39 cr to manager who lost arm in bus accident

THANE: The Motor Accident Claims Tribunal (MACT) in Thane has awarded ₹1.39 crore in compensation to a 51-year-old sales manager, who lost his left arm in a bus accident in 2019. The Tribunal directed United India Insurance Company Ltd, the insurer of the bus, to pay the compensation amount with 7.5% annual interest, with liberty to recover the sum from the vehicle owner.

The accident took place on the night of December 15, 2019, when Mahesh Lalchand Makhija, a resident of Ulhasnagar, was traveling in a Humsafar luxury bus bound for Aurangabad.

According to the case details, the bus was speeding and lost control near Hotel Omkar in Savarne village in Murbad taluka around 1:30am. Makhija sustained grievous injuries because of which his left arm had to be amputated. He was rushed to Bombay Hospital, where he underwent extensive medical treatment.

At the time of the accident, Makhija was working as a sales manager at Diageo India (United Spirits Ltd), earning ₹1 lakh per month. His permanent disability not only impacted his health but also ended his professional career.

Seeking compensation for medical expenses, pain, suffering, and loss of livelihood, he filed a petition under Section 166 of the Motor Vehicles Act against the bus owner, Riyaz Kadar Mohammad, and the vehicle’s insurer, United India Insurance Company.

The insurance company contested the claim, arguing that the bus driver did not possess a valid heavy vehicle license, which should make the owner solely responsible for the compensation.

MACT chairman SB Agrawal, however, dismissed the defence, ruling that the insurer must first compensate the victim and recover the amount from the owner later.

The Tribunal reviewed police reports, medical records, and employment details before arriving at the compensation figure. The awarded amount includes ₹3.98 lakh for medical expenses, ₹3 lakh for pain and suffering, ₹50,000 for miscellaneous costs, and ₹1.32 crore for loss of income, considering a 50% disability and a reduced earning capacity over the next 11 years.

Legal experts believe this decision will set a benchmark for similar cases in the future, reinforcing the responsibility of insurers to honour claims while also ensuring that vehicle owners and drivers adhere to traffic laws.