In the first case, the tribunal awarded Rs 29.79 lakh to Mayuresh Ramesh Punekar, a 35-year-old man who sustained grievous injuries in a 2022 collision. On July 8, 2022, Punekar was standing with his motorcycle in the Kanjurmarg area of Mumbai when a speeding private bus rammed into him from behind. The tribunal’s order, dated April 6 and made available this Wednesday, emphasized that the bus driver operated the vehicle at a high and excessive speed in a rash and negligent manner. Member R V Mohite noted that the driver of the offending vehicle possessed the last opportunity to avoid the accident, further clarifying that there was no evidence of contributory negligence on Punekar's part. Although Punekar sought Rs 50 lakh in damages, the tribunal determined he suffered 46 per cent permanent partial disability, which was not directly equated with a total loss of earning capacity. The final award of Rs 29.79 lakh covers various heads including loss of income, future loss, medical expenses, pain and suffering, conveyance, and a special diet, all to be paid with 9 per cent annual interest from the date of the petition filing.
In a second ruling, the Thane MACT awarded Rs 20.52 lakh to the family of Ganesh Gopal Chaudhari, a 74-year-old businessman who perished following a fatal car crash in the Palghar district. On November 22, 2022, while Chaudhari was traveling from Vikramgad toward Nashik, a speeding four-wheeler lost control on a bend in a ghat section and collided with his vehicle. Chaudhari sustained severe injuries and passed away while undergoing treatment at a hospital that same day. The tribunal observed that the offending driver failed to properly judge the turn due to excessive speed. Calculating Chaudhari's annual income at Rs 5.9 lakh based on his income tax returns, the tribunal directed the vehicle owner and Universal Sompo General Insurance Co. Ltd. to pay the compensation with 9 per cent interest. From the total amount, Rs 13.52 lakh is designated for his wife and R
s 7 lakh for his son. The tribunal notably dismissed the insurer's argument regarding the lack of a valid driving license for the offending driver, maintaining the insurer's liability alongside the owner.
These rulings underscore the tribunal's commitment to ensuring that victims of road negligence receive comprehensive financial redress. By holding both owners and insurers strictly accountable for the reckless actions of drivers on Maharashtra's roads, the MACT continues to uphold a standard of legal responsibility that provides a vital safety net for affected families and survivors dealing with permanent life changes.
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