Mumbai: Bombay high court has upheld enhanced compensation for a Borivli (E) resident who was left permanently disabled after a May 2013 road accident. Justice Neela Gokhale on Thursday endorsed the Rs 1.10 crore revised compensation awarded by Motor Accident Claims Tribunal, Mumbai, and increased it by Rs 10 lakh for ‘pain and suffering and loss of amenities of life.‘On May 29, 2013 Akshata Gawde (then 27), who had married a month earlier, was returning from Pune to Mumbai with her husband and his parents. When their car reached Pathanwadi bridge, Malad (east) around 4 am a trailer overtook their car, applied brakes and swerved from right to left. As a result, the car smashed into the rear end of the trailer, injuring all occupants and causing Akshata serious head injury.In Aug 2013 Akshata’s claim was filed through her husband Swapnil. In Dec 2017 MACT directed Rs 57 lakh compensation with 8 % yearly interest from date of application till realisation. In Feb 2018, Reliance General Insurance Co Ltd, with whom the trailer was insured, appealed. In May 2019 Akshata filed for enhancement of compensation. In May 2022 as treating doctors were not examined, HC remanded the matter to MACT and directed it to rework compensation. In Nov 2022 MACT enhanced it to Rs 1.1 crore.As none appeared for Reliance, on Dec 4 Justice Gokhale dismissed its appeal. She took up ex-parte Akshata’s plea for enhancement of compensation. Akshata’s advocate Rushabh Vidyarthi said MACT did not consider various heads. He urged for nearly Rs 2.9 crore final compensation.Justice Gokhale noted doctors’ deposition that Akshata requires assistance for severe problems relating to her memory, speech, vision, hand movement and walking. She said it is clear “the claimant has physical discomfort and distress which also includes mental and emotional trauma …” MACT, in its revised order, held that Akshata is suffering from “total permanent disability i.e. 100% disability.” However, ‘pain and suffering and loss of amenities’ compensation was maintained at Rs. 5 lakh. Considering the “lifelong nature of the disability”, Justice Gokhale said the prayer to enhance it by Rs 10 lakh is “just, fair and reasonable.”Noting that other heads were considered by MACT while computing compensation, she said the rest of its judgment and award “shall remain as it is.” She directed Reliance to deposit Rs 10 lakh with 8% interest with MACT from the date of application within 3 weeks.
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