MACT awards ₹ 22 lakh to Tata Motors staff left with 70% disability after road accident
Taking into account the loss of enjoyment of life and discomfort suffered by 34-year-old Ramchandra Shetty following an accident which left him permanently disabled, the Motor Accident Claims Tribunal, Pune recently ordered that he be paid a compensation of ₹22.50 lakh at 7% interest.Mr. Shetty, a mechanical engineer employed with Tata Motors as manager, was riding his motorcycle to work on the morning of February 5, 2011, when a tanker owned by Kishor Transport Service, and insured with ICICI Lombard, hit him and he sustained grievous injuries. He remained admitted in hospital for more than a month and his right leg had to be amputated from above the knee and implants fitted in the hand. This cost him ₹6.35 lakh, an artificial leg cost him ₹3.15 lakh. The estimated cost for the servicing of his amputated leg was ₹17,46 lakh. On March 14, 2012, Mr Shetty filed a claim in the tribunal seeking ₹70 lakh as compensation.Mr. Shetty’s advocate said he was unable to do any work due to 70% permanent disability. Dr. Shailesh Ratnaparkhi testified that Mr. Shetty would only be able to do a sitting job and there would be many difficulties as the artificial limb cannot be used for 24 hours a day.A senior team member at Tata Motors, deposed that Mr. Shetty was drawing a salary package of ₹ 7.75 lakh per annum and that the nature of his job involved moving from one place to another along the production line, which he could not do now. Counsel appearing for ICICI, contended that compensation could not be given on grounds of loss of future income as the employer had provided Mr. Shetty light-duty work without reducing his salary. He was also receiving annual increments.The tribunal comprising S.M. Menjoge, held that the accident occurred to the sole negligence of the driver of the tanker and said since there was no breach of insurance policy by Mr. Shetty, both ICICI Lombard and Kishor Transport Service are liable to pay a joint compensation of ₹22,50 lakh with 7% interest from 2012.