MAPUSA
The Motor Accident Claims Tribunal (MACT) in Mapusa has directed a bus driver, the vehicle’s owner, and the insurance company to jointly pay a compensation of Rs 24.46 lakh to Vinay alias Vinayak Bhikaji Sawant, a resident of Sawantwada, Amona-Bicholim, who was left permanently disabled following a bus accident in 2013.
Presiding Officer Sharmila Patil passed the order while directing the National Insurance Company Ltd (Bicholim branch) to deposit the compensation amount – along with 6 per cent annual interest from March 2017 – into the MACT’s designated account with the State Bank of India, Mapusa.
The tribunal also asked the insurance company to inform both the Tribunal and the claimant once the deposit is made. The accident occurred on the night of July 31, 2013, at around 10.20 pm near the bus stop at Sawantwada, Amona.
Sawant, then 44 and working as a fish vendor earning approximately Rs 15,000 per month, was travelling on a passenger bus (GA-05-T-2727) from Marshall to Amona.
According to the case, as Sawant attempted to disembark by opening the bus door, the driver suddenly reversed the vehicle, causing Sawant to fall through the open door. The bus ran over his feet, crushing both legs.
He underwent seven surgeries at Goa Medical College Hospital.
In March 2017, Sawant filed a compensation claim seeking Rs 10 lakh for the injuries and disability suffered. He also claimed medical and incidental expenses amounting to Rs 1 lakh, including Rs 66,559 on medicines and travel.
The Tribunal, after hearing arguments from Adv S Naik and Adv M Salkar representing the claimant, held that Sawant’s earning capacity was significantly affected due to the injury, estimating his income loss at Rs 3.36 lakh. It also acknowledged that the disability had curtailed his working life by at least 16 years and deprived him of the opportunity to lead a fulfilling life.
Bus driver and owner Pradeep Suhas Naik and the National Insurance Company Ltd were named as respondents in the case.
The tribunal awarded a total compensation of Rs 22,46,560, in addition to the statutory no-fault liability of Rs 2 lakh, bringing the total award to Rs 24.46 lakh.
