Mumbai MACT Awards ₹21.87 Lakh To Navy Sailor

A Mumbai court has ordered a Tardeo-based man and United India Insurance Company to pay ₹21.87 lakh to an Indian Navy sailor. The sailor, Sheikh Imtiyaaz Khan, was struck by a bus owned by the Tardeo resident in 2018.

The accident occurred on August 16, 2018, when Khan was riding his motorcycle on G.D. Somani Road near Hotel Taj President. The bus, while taking a U-turn, suddenly entered his path and collided with his motorcycle. Khan suffered a segmental fracture of his left femur and underwent surgery at INHS Asvini.

The Mumbai Motor Accident Claims Tribunal (MACT) found the bus driver's negligence established and rejected the insurer's contention that the sailor was solely responsible for the accident. The tribunal observed that Khan's disability had a real occupational dimension and could not be dismissed merely because he continued to draw his salary.

Khan was certified as having 45% permanent locomotor disability, which affected his earning capacity. The tribunal awarded ₹10.72 lakh towards the actual loss of his submarine allowance, which was discontinued due to his low medical category. The tribunal also awarded ₹5 lakh for residual diminution of future earning capacity and employment opportunities.

Additionally, the tribunal granted ₹2.5 lakh each for pain and suffering and loss of amenities, ₹30,000 each for conveyance, special diet and physiotherapy, and ₹25,000 towards miscellaneous medical and incidental expenses. The insurer has been directed to satisfy the award, along with interest at 7.5% per annum from the date of filing of the claim until realization.

The accident had a significant impact on Khan's career, restricting him from strenuous physical activities and declaring him temporarily unfit for submarine duties. The tribunal's decision highlights the importance of considering the occupational dimension of disabilities when determining compensation.

The Mumbai MACT's decision is a significant one, as it recognizes the long-term effects of accidents on individuals and their careers. The award of ₹21.87 lakh will help Khan to cope with the financial consequences of his disability.

The case also underscores the need for insurers to take responsibility for accidents caused by their policyholders. The United India Insurance Company has been held liable for the accident, and the tribunal's decision will likely have implications for similar cases in the future.

In conclusion, the Mumbai MACT's decision is a welcome one, as it provides justice and compensation to the Navy sailor who was injured in the 2018 bus accident. The award of ₹21.87 lakh will help Khan to rebuild his life and career, and the tribunal's decision will likely have a positive impact on similar cases in the future.

The Indian Navy has a robust system in place to support its personnel who are injured in accidents. However, the tribunal's decision highlights the need for a more comprehensive approach to addressing the long-term effects of disabilities on individuals and their careers.

Overall, the Mumbai MACT's decision is a significant one, and it will likely have far-reaching implications for accident victims and insurers in India. The award of ₹21.87 lakh is a testament to the importance of considering the occupational dimension of disabilities when determining compensation, and it will help to ensure that accident victims receive the justice and compensation they deserve.