In a landmark ruling emphasizing 'just compensation' for catastrophic injuries, the Motor Accident Claims Tribunal (MACT) in Mumbai has directed a school bus owner and an insurance company to pay a substantial sum of Rs 2.12 crore to a teacher left permanently disabled after a horrific road accident.
The Accident and Its Devastating Impact
The victim, Shital Salunke, a 44-year-old teacher, was leading an active professional life, earning an annual salary exceeding Rs 11 lakh. Her life changed irrevocably on the morning of June 10, 2022. While riding her scooter with due care on LBS Road in Mulund, her vehicle was struck by a school bus belonging to Golden Travels. The tribunal found the bus was being driven in a rash and negligent manner.
The collision was severe, causing Salunke to suffer a traumatic head injury, a temporal burst lobe, and multiple fractures. The bus driver fled the scene immediately. After prolonged hospitalization and medical expenses of around Rs 25 lakh, Salunke was left bedridden, unable to speak (a condition known as aphasia) and with right-hand weakness, requiring constant care.
Legal Proceedings and Tribunal's Firm Stand
Salunke's husband moved the MACT in December 2022 seeking compensation. During the proceedings, Reliance General Insurance, the insurer, attempted to argue that Salunke shared blame for the accident and that her disability could improve with speech therapy.
The tribunal firmly rejected these arguments. It relied on medical evidence stating her physical disablement was permanent in nature and would not reduce over time. Crucially, while her permanent disability was assessed at 60%, the tribunal noted it represented a total disablement concerning her occupation as a teacher, ending her career permanently.
A Key Precedent on Medical Claims
A significant contention was regarding medical expenses already reimbursed by Salunke's private Mediclaim policy. The insurer sought to deduct this amount from the compensation. The Judge dismissed this, citing established legal precedents. The ruling clarified that a victim is entitled to the entire medical expenditure incurred, irrespective of coverage under other health policies.
The final compensation of Rs 2.12 crore (which includes interest) was calculated to cover:
- Loss of future earnings and income.
- Pain, suffering, and loss of amenities of life.
- Actual medical expenses incurred.
The tribunal ordered the bus owner and Reliance General Insurance to pay the amount jointly and severally, ensuring the victim receives the awarded sum.
Conclusion: A Ruling for Justice
This MACT order stands as a robust affirmation of the right to just compensation for victims of road accidents who suffer life-altering injuries. It acknowledges not just the physical and financial devastation but also the complete loss of livelihood and personal independence. The judgment sends a clear message on the liability of negligent drivers and their insurers, prioritizing the lifelong needs of the severely injured over technical defenses.
