3 weeks ago
Mumbai MACT Awards ₹22.32 Lakh To Engineer In 2019 Accident
A man named Rakesh was riding in a three-wheeled autorickshaw in Mumbai when the driver crashed into a parked mini bus.
Rakesh got badly hurt and broke bones in his hip and arm.
He had to go to the hospital and could not work at his engineering job for almost two years.
The law has a special court called a tribunal that helps people hurt in road accidents get money to help them.
Rakesh asked the tribunal for help, and it said he should be paid money.
The tribunal decided the autorickshaw driver was mostly at fault because he was driving fast and carelessly.
It also said the parked mini bus was a little bit at fault because it had no lights on.
The insurance company that had to pay tried to say it should not pay because the driver's licence might not have been valid.
But the tribunal checked the records and did not agree with the insurance company.
In the end, the tribunal said Rakesh should get about 22 lakh rupees, which is a lot of money to help him after his accident.
Mumbai's Motor Accident Claims Tribunal (MACT) awarded ₹22.32 lakh to 25-year-old civil engineer Rakesh Udayraj Prajapati for injuries from a 2019 autorickshaw accident near Kashimira.
The accident occurred on January 27, 2019, when the autorickshaw Prajapati was travelling in, allegedly driven at high speed and negligently, collided with a stationary mini bus near Kajupada village.
Prajapati suffered a fracture of the posterior wall of his left acetabulum and a fracture of the distal end of the radius, and was treated at Orbit Superspeciality Hospital and Jupiter Hospital.
The tribunal fixed 20 per cent contributory negligence on the mini bus, parked on the roadside without parking lights, and 80 per cent on the autorickshaw, making ₹22,32,930 of the assessed ₹27.91 lakh payable.
The tribunal rejected the insurer's plea that the driver lacked a valid licence, noting RTO records contained overlapping validity periods and the insurer had not examined an RTO official.
- Who
- Rakesh Udayraj Prajapati, a 25-year-old civil engineer; the order was passed by MACT Member R.R. Patwari, with liability on the autorickshaw owner and Future Generali India Insurance Company Ltd.
- What
- The Mumbai MACT awarded ₹22.32 lakh compensation to Prajapati for serious injuries suffered in the 2019 autorickshaw accident.
- Where
- Near Kajupada village on the Kashimira side in Mumbai, India.
- When
- The accident occurred on January 27, 2019; the order was reported on August 11, 2026.
- Why
- Because the autorickshaw, allegedly driven at high speed and negligently, collided with a stationary mini bus, causing serious injuries to Prajapati.
Tribunal/Claimant Findings
Insurer's Arguments
Driver's licence validity
Tribunal/Claimant Findings
The tribunal held that RTO records contained overlapping validity periods for the transport category licence, and since the insurer did not examine an RTO official, it could not be concluded that there was a breach of insurance policy conditions.
Insurer's Arguments
The insurer argued that the autorickshaw driver did not possess a valid driving licence at the time of the accident and disputed its liability.
Cause of the accident
Tribunal/Claimant Findings
The tribunal fixed 80 per cent liability on the autorickshaw, driven at high speed and negligently, and 20 per cent on the mini bus, which was parked on the roadside without parking lights, signals or indicators.
Insurer's Arguments
The insurer claimed that the stationary mini bus had contributed to the accident and therefore should bear responsibility.
Extent of disability
Tribunal/Claimant Findings
An orthopaedic surgeon assessed Prajapati's physical disability at 82 per cent, and the tribunal accepted permanent disablement, granting ₹3 lakh for disablement and ₹5 lakh for disability, pain and suffering.
Insurer's Arguments
The insurer questioned the extent of Prajapati's disability, and the tribunal noted his employer stated he is regular at work and was promoted on efficiency, meaning the physical disablement did not much affect his functional ability.
Key facts
- Compensation awarded
- ₹22,32,930 (₹22.32 lakh)
- Claimant
- Rakesh Udayraj Prajapati, 25-year-old civil engineer
- Accident date
- January 27, 2019
- Total assessed compensation
- ₹27.91 lakh
- Contributory negligence
- 80% autorickshaw, 20% mini bus
- Loss of income awarded
- ₹17.47 lakh
- Medical expenses awarded
- ₹4.93 lakh
- Insurer
- Future Generali India Insurance Company Ltd.
Quotes
MACT Member R.R. Patwari
Member of the Motor Accident Claims Tribunal, Mumbai
“"The driver has not assessed percentage of disablement suffered by the claimant accurately, and the claimant’s employer has stated that he has been given a promotion for his efficiency."”
freepressjournal.in
Sources
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