I was a truck driver having a licence of the heavy vehicle from the transport office. I met an accident last year and my one leg and one hand are completely crushed. I was 28 years old at the date of the accident. I had been in the hospital for 15 months. I permanently disable to perform my job due to a 60% disability.
I filed a petition before MACT for compensation under section 166 of the Motor vehicle act and section 3/4 of Employee’s compensation act. My advocate claimed 35 lakh rupees as compensation but insurance company in its counterclaim said that only 2 lakh compensation should be made against the company.
Sir, I want to know how much compensation would I get from MACT, I have been filing ITR of rs 2 lakh income per annum for the last 2 years.
The MACT court awards compensation under section 166 of the Motor Vehicle Act (MV Act). There are several heads to which the court may grant compensation, which covers:
- Hospitalization expenses
- Loss of earning.
- Functional disability and unable to work for livelihood.
- Medical expenses.
- Compensation for pain and suffering during treatment.
- Expenses of an attendant during treatment.
- Transportation charges.
- Compensation for special diet & nutrition during treatment.
- Compensation for loss of happiness and enjoyment of life etc.
If you are an income tax assessee then the court will consider your ITR for determination of your income and living standard.
Since you are a driver and suffered 60% injury. In this situation, you cannot resume your work. due to permanent disability. In Raj Kumar vs Ajay Kumar (2011) 1 SCC it is held by the supreme court that if a driver comes to the loss of earning due to a permanent disability then same may be treated as 100% disability.
Hence, the court will consider your disability as 100% due to loss of earning. You are not able to work as a driver and you have not able to do another work due to lack of experience.
In Sarla Verma vs DTC (2009) 6 SCC supreme court held that compensation for loss of future income due to permanent disability shall be calculated by the court on this formula:- Per annum income of claimant × numbers of years likely to be worked by the claimant in future. Your age was 28 years at the date of the accident so you may work for 20 more years. Compensation for loss of future income would be at least 20 Lakh.
The court shall decide other compensation on the prevailing law and compensate the expenses incurred by you during treatment. It may be 4 – 5 lakh so you may get 24 to 25 lakh as compensation. In MCD Vs Uphar Tragedy Assn. (2011) 14 SCC supreme court that rate of interest should be applicable @9% from the date of filing of petition till the date of payment.