A Mumbai Motor Accident Claims Tribunal has awarded nearly Rs 68 lakh to a 44-year-old deep-sea diver injured when a truck hit the motorcycle on which he was travelling as a pillion rider, ruling that his future earning loss had to be assessed against the physical demands of his occupation.
The victim, Andheri East resident Sukhbinder Paramjit, was injured in the accident at about 5.15 pm on September 13, 2017, at the Jay Coach Junction signal on the Western Express Highway in Goregaon West. The motorcycle, ridden by his friend Sahadeo Newalkar, had stopped at a red light when the truck approached from behind and struck it. Both men were thrown onto the road.
The tribunal held truck driver Danish Khan responsible for the collision and said a heavy goods vehicle approaching a traffic signal must maintain proper control, reasonable speed and sufficient distance from vehicles ahead. It also noted that Paramjit was a pillion rider and that no negligent act had been attributed to him personally.
The award placed particular emphasis on the relationship between disability and the work a claimant is trained and physically required to perform. Paramjit had worked as a Diving Supervisor or Deep-Sea Diver and had lost an overseas job offer after the accident. The tribunal said the occupation required physical fitness, mobility, climbing, balancing, underwater and offshore work, and the ability to carry out demanding tasks.
Medical records showed a sacral or sacropelvic fracture, bed rest of about three months, restricted movement for about a year, physiotherapy and rehabilitation. A disability certificate recorded 30% disability and recommended light duties. The tribunal found that the injury had a serious effect on Paramjit’s ability to continue in his profession, even though the disability percentage could not be treated as the sole measure of his loss of earning capacity.
For calculating income, the tribunal did not accept Paramjit’s claim that he earned US$400, or about Rs 26,000, per day under an employment offer dated August 18, 2017, from a European company. It treated the offer as relevant to his earning potential but not as proof of permanent actual income. Instead, it relied on his income-tax return, which showed net professional or business profit of Rs 7 lakh annually, or Rs 58,240 per month.
The tribunal also recorded that Paramjit had filed an affidavit describing the accident, treatment, prolonged bed rest, physiotherapy and loss of work, but had not later appeared for cross-examination. It said his untested assertions could not automatically be treated as conclusively proved, while holding that the medical records and other documents remained relevant evidence.
The truck driver and owner, Anilkumar Gupta, remained absent and the matter proceeded against them ex parte. Universal Sompo General Insurance Company disputed negligence, occupation, income, disability and the claimed contractual earnings, and alleged a breach involving the truck driver’s licence. The tribunal rejected the insurer’s defence and held the driver, owner and insurer jointly and severally liable.
The insurer was directed to deposit the awarded amount within two months. The compensation is to be transferred to Paramjit’s verified bank account after identity and bank verification.
