Thane, May 4 (PTI) The Motor Accident Claims Tribunal (MACT) in Maharashtra's Thane district has awarded a compensation of Rs 8.8 lakh to a 26-year-old woman who sustained injuries in an autorickshaw accident.

MACT member S N Shah held the vehicle owner and insurance company jointly and severally liable to pay the amount within one month.

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A copy of the order, dated April 29, was made available on Sunday.

The accident occurred on December 9, 2021, when the claimant, Monika Ajay Rokade, was travelling in an autorickshaw along a road affected by ongoing Metro Rail construction in Thane city.

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According to her testimony, the vehicle was speeding and overturned into a pothole.

The claimant said a sharp tin barrier slashed her upper limb, causing grievous injuries, and the driver rushed her to a hospital.

The driver was subsequently booked under IPC section 338 (causing grievous hurt by an act endangering the life or personal safety of others) as per FIR.

Rokade claimed the injuries left her with a 23.70 per cent permanent partial disability, later rationalized by the court to 15 per cent. She sought compensation under various heads, including future loss of income, medical expenses, and pain and suffering.

The insurer contended that the auto driver did not possess a valid driving license and that the vehicle was overloaded at the time of the incident. However, the insurer also admitted that the vehicle was insured during the relevant period.

The tribunal took a stern view of the insurer's contradictory positions.

Moreover, the insurer failed to provide any evidence supporting its claims of overloading or the absence of a valid licence.

The tribunal held the accident occurred due to the "negligence of the driver of the offending vehicle, which, at the relevant time, was insured with the opponent.

The tribunal ordered that the opponents, owner of the auto and insurer, jointly and severally, shall deposit Rs 8.84 lakh within one month from the date of award.

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