14 years on, Thane accident victim awarded Rs 41.71 lakh as compensation

The Motor Accident Claims Tribunal MACT in Thane has awarded Rs 4171 lakh in compensation to Monesh alias Manish Vijay Sutar who suffered lifealtering injuries in a road accident 14 years ago as a minorIn an order passed on Tuesday MACT member RV Mohite held the owner and insurer of the offending trailer truck jointly and severally liable for the compensationSutar a resident of Bhiwandi was 12 years old at the time of the accident on May 8 2011 He was riding pillion on a motorcycle with his father when a trailer truck hit them from behind on the WadaBhiwandi road Sutars father was dragged for about 30 feet and died on the spotSutar himself sustained devastating injuries after the trailerrsquos wheels ran over his lower body causing a complete perineal tear multiple fractures to his pelvic bones and a ruptured urethra Following the accident he underwent extensive treatment in Bhiwandi and ThaneHe had to undergo a uroplasty operation and doctors advised him to use a catheter for the rest of his life due to permanent damage to his urethra This condition leads to frequent infections continuous pain and results in the loss of his future married lifeThe owner of the trailer remained ex parte failing to file a written statementThe offending vehicles insurer however disputed the age of the claimant and the medical expenses incurred and contended the accident was caused by the motorcycle riders negligenceAfter hearing the two sides the tribunal concluded the trailer driver was rash and negligentThe claimant being a pillion rider couldnt have avoided the rearend collision and his testimony remained credibleCrucially the 35footlong tyre marks at the accident scene indicated the trailers excessive speed and the drivers inability to control the vehicle even after braking leading to the fatal dragging of the claimants father as per the orderThe tribunal acknowledged the severe permanent injuries but assessed the claimants functional disability at 40 per cent and not the 52 per cent as claimed aligning with principles of a Supreme Court rulingA notional income of Rs 12000 per month and a multiplier of 18 based on a case were appliedThe tribunal awarded a compensation of Rs 417l520 including for medical treatment Rs 135 lakh loss of future earnings Rs 1036800 future prospects Rs 414720 pain suffering and loss of amenities Rs 6 lakh loss of marriage prospects Rs 3 lakh future medical treatment Rs 4 lakh special diet Rs 15000 transportation Rs 15000 and housemaid service Rs 40000The Rs 6 lakh granted for the pain suffering and loss of amenities recognised the claimants lifelong reliance on a catheter inability to urinate normally multiple pelvic fractures loss of childhood experiences due to the accident at the age of 12 and the profound loss of his future married life and ability to have childrenOn the loss of marriage prospects the tribunal specifically said Admittedly due to the rupture of the urethra the claimant has lost his sexual life He cannot become a father in future Thus he has lost his marital life So the claimant is entitled to get an amount of Rs 3 lakh for the loss of marital prospectsThe tribunal also acknowledged the undisputed need for future medical treatment stating It is not disputed that the claimant has to use a catheter with a urine bag for his entire lifeThere are chances of repeated infection in the urethra and urinary bladder due to continuous use of a catheter The claimant has to visit the doctor every month for changing the catheter and taking treatment in case of infection if any So it would not be unjust to award Rs 4 lakh for future medical expenses it saidThe tribunal ordered both opponents to jointly and severally pay the awarded amount with interest at nine per cent per annum from the date of the petition until realisationOf the compensation Rs 25 lakh is to be invested in a fixed deposit for five years in the claimants name with the remaining amount is to be disbursed via an account payee cheque the tribunal addedWith PTI inputs