42 yrs on, man gets compensation for losing leg in accident

In perhaps the oldest case decided by any MACT in the country, it held that the truck owner Dilip Baliram Mhatre from Vadole village of Ambernath town in Thane district, and the New India Insurance Company are jointly liable to pay a compensation of Rs 1.69 lakh along with an interest at 6 per cent per annum from the date of the claim, filed in 1983.

The tribunal also ordered that from the amount realised, Rs 75,000 be kept in a fixed deposit of nationalised bank in the name of the applicant for a period of three years.

On December 16, 1970, when Dilip, then aged 10, was playing along with other school children in a school ground at Vadol village, a speeding lorry coming from Ambernath hit him crushing his left leg.

He was treated at a hospital but ultimately it had to be amputated, the tribunal was told by his mother Leelabai.

Advocate Pradip Tillu submitted that Dilip had lost all his future prospects due to the accident.

According to the applicant (Dilip), the accident took place due to rash and negligent driving of the truck driver, who has now passed away.

Even though the accident took place in 1970, the claim was filed only in 1983, that too seeking condonation of delay which was allowed in 1993 by the tribunal.

The applicant calculated a total compensation amount of Rs 2,70,250 for his treatment at the hospital for 9-10 months.

However, due to inability to pay the tribunal's stamp fee, Leelabai prayed for an amount of Rs 1,00,000 by way of compensation and undertook to pay the deficit fee, if the claim allowed was more than Rs 1 lakh, she told the tribunal.

Dilip's application was filed by advocate Pratik Acharya in 1983, who died in mid 1990s during the pendency of the trial.

Also, owner of the truck, Caption Sham Singh, died and hence his two legal heirs Santok Singh and Ham Singh were made respondents.

However, as neither of them appeared before the tribunal and the insurance company did not respond, the matter was decided ex-parte against the three. MORE