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Mumbai Tribunal Orders Tata AIG to Pay Injured BMC Worker
A municipal worker was hit by a car while supervising road work in Mumbai in 2017.
She suffered serious fractures and needed hospital treatment.
A tribunal decided that the car was being driven negligently.
It ordered Tata AIG to pay her ₹4,54,777.
The tribunal also added interest of 7.5% until the money is received.
The driver did not have a valid licence at the time of the crash.
Because of this, Tata AIG can later recover the money from the car’s owner.
The tribunal did not accept that the injuries permanently reduced her ability to earn.
This was because she returned to her job and worked there until her planned retirement.
The Mumbai MACT awarded ₹4,54,777 to a 52-year-old BMC worker injured in a December 2017 road accident.
The tribunal found that negligent driving caused the accident, in which Kanta Ramesh Solanki suffered two fractures.
Tata AIG established that the driver lacked a valid licence when the accident occurred, breaching the insurance policy conditions.
The insurer must pay the compensation first and then recover it from the vehicle owner.
The tribunal rejected a claim of 56% functional disability because Solanki returned to the same job and retired on schedule.
- Who
- Kanta Ramesh Solanki, a 52-year-old Brihanmumbai Municipal Corporation worker; Tata AIG General Insurance Company Ltd; and the vehicle owner.
- What
- The Mumbai Motor Accident Claims Tribunal awarded ₹4,54,777 in compensation and ordered Tata AIG to pay first and recover the amount from the vehicle owner.
- Where
- Near Forges Road, opposite Anand Nagar Building, Mumbai.
- When
- The accident occurred on December 29, 2017; the tribunal order was reported on September 23, 2026.
- Why
- The tribunal found negligent driving caused the accident, while also finding that the driver lacked a valid licence at the time.
Claimant’s Compensation Case
Insurer’s Policy-Breach Defense
Payment despite licence violation
Claimant’s Compensation Case
The injured worker should receive compensation for injuries caused by the car’s negligent driving and should not be affected by a dispute between the insurer and vehicle owner.
Insurer’s Policy-Breach Defense
Tata AIG established that the driver’s licence was issued on February 16, 2018, after the December 2017 accident, showing a breach of the insurance policy conditions. The tribunal allowed the insurer to recover the payment from the owner after paying the claimant.
Extent of disability
Claimant’s Compensation Case
The claimant relied on a doctor’s assessment of 56% permanent disability affecting her earning capacity.
Insurer’s Policy-Breach Defense
The tribunal found that the service records did not support functional loss of earning capacity because she resumed her Mukadam duties, received salary increases, and retired on the scheduled date.
Key facts
- Compensation
- ₹4,54,777
- Interest
- 7.5% per annum from filing of the claim until realisation
- Accident date
- December 29, 2017
- Injuries
- Left subtrochanteric femur fracture and left bimalleolar fracture
- Hospitalisation
- Six days at Bhatia Hospital
- Disputed disability
- The tribunal rejected the claimed 56% permanent functional disability affecting earning capacity
- Payment direction
- Tata AIG must transfer the money within one month of receiving the claimant’s bank details, then recover it from the vehicle owner
Sources
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