The tribunal, however, stated, “The claimant is a government servant. He continues to be in employment. His service conditions are not in any way altered due to accidental injuries. There is no drop in his salary and other emoluments. Hence, the disability cannot be considered as functional disability and there is no loss in the future earning capacity of the claimant.”
Thane: The Motor Accident Claims Tribunal (MACT) here has awarded a collective compensation of Rs 16.79 lakh to a couple injured in a road accident in 2020.
The MACT, presided over by member R V Mohite, held the owner and insurer of the offending truck jointly and severally liable to pay the compensation.
A copy of the order dated September 20 was made available on Sunday.
On January 29, 2020, the couple was riding a motorcycle when the truck, a small commercial vehicle to haul cargo, struck them in Dombivli area of Maharashtra’s Thane district.
The truck driver was found negligent because the vehicle was speeding and came from the wrong side and dashed the motorcycle.
The insurer’s contention of a breach of policy terms (lack of valid license, permit, and fitness) was rejected.
The motorcycle rider, working with a government company, suffered fractures. He claimed 55 per cent permanent partial disability.
The tribunal, however, stated, “The claimant is a government servant. He continues to be in employment. His service conditions are not in any way altered due to accidental injuries. There is no drop in his salary and other emoluments. Hence, the disability cannot be considered as functional disability and there is no loss in the future earning capacity of the claimant.”
It allowed the claim for the 191 days of ‘leave without pay’ taken by the man, but rejected his claims for casual, half-pay and privilege leaves.
“The claimant is claiming amount against those leaves as compensation at one hand and at the same time enjoying leaves and accepting salary of those leaves on the other hand. The claimant is not entitled to get both benefits,” the tribunal said.
It awarded him a compensation of Rs 15.11 lakh.
His wife, who worked in a private company, also cited permanent disability, but her claim on that basis was also rejected as her injuries did not affect her employment.
She was awarded a compensation of Rs 1.68 lakh.
“Her service conditions are not in any way altered due to accidental injuries. There is no drop in her salary and other emoluments. Hence, the disability cannot be considered as functional disability and there is no loss in the future earning capacity of the claimant,” the tribunal said.
It directed that the compensation amount, along with 9 per cent interest per annum (from the date of filing of the claim), be paid within one month.
The MACT also directed that a part of the compensation awarded to the man be invested in a four-year fixed deposit.