Delhi tribunal awards Rs 18.92 lakh to man disabled in 2008 crash
A Delhi tribunal awarded Rs 18.92 lakh to Arun Kumar for injuries from a 2008 road crash. The order recognised his disability as a total loss of earning capacity and held the insurer liable.
A Delhi Motor Accident Claims Tribunal has awarded Rs 18.92 lakh in compensation to a man who suffered 85.21 per cent permanent disability in a road accident in 2008, when he was a 15-year-old school student. The tribunal also directed insurer New India Assurance Company Ltd. to pay 7.5 per cent annual interest on the amount.
Presiding Officer Richa Manchanda, who was hearing the claim petition filed by Arun Kumar, said in an order dated July 15 that the accident was caused by rash and negligent driving of the offending vehicle. The tribunal held, "It is held that the petitioner has been able to prove his case on the basis of preponderance of probabilities, that he sustained injuries in road accident due to rash and negligent driving of offending vehicle".
According to the tribunal, Arun Kumar was returning from school on a motorcycle on August 28, 2008, when a car hit the vehicle from behind near a petrol pump in Rohini, leaving him seriously injured. The tribunal relied on the FIR, charge sheet and medical evidence to conclude that the accident took place because of the rash and negligent driving of the car.
The tribunal noted that the claimant suffered 71.37 per cent hearing disability and 49 per cent neurological disability, taking his overall permanent disability to 85.21 per cent. Observing that the injuries had severely affected his future earning capacity, it treated his functional disability as 100 per cent.
It rejected the insurance company's objections over the driver's licence and permit, holding that there was no breach of policy conditions and that the insurer was liable to satisfy the award. The tribunal then granted Arun Kumar Rs 18.92 lakh under various heads, along with annual interest of 7.5 per cent.
A Delhi Motor Accident Claims Tribunal has awarded Rs 18.92 lakh in compensation to a man who suffered 85.21 per cent permanent disability in a road accident in 2008, when he was a 15-year-old school student. The tribunal also directed insurer New India Assurance Company Ltd. to pay 7.5 per cent annual interest on the amount.
Presiding Officer Richa Manchanda, who was hearing the claim petition filed by Arun Kumar, said in an order dated July 15 that the accident was caused by rash and negligent driving of the offending vehicle. The tribunal held, "It is held that the petitioner has been able to prove his case on the basis of preponderance of probabilities, that he sustained injuries in road accident due to rash and negligent driving of offending vehicle".
According to the tribunal, Arun Kumar was returning from school on a motorcycle on August 28, 2008, when a car hit the vehicle from behind near a petrol pump in Rohini, leaving him seriously injured. The tribunal relied on the FIR, charge sheet and medical evidence to conclude that the accident took place because of the rash and negligent driving of the car.
The tribunal noted that the claimant suffered 71.37 per cent hearing disability and 49 per cent neurological disability, taking his overall permanent disability to 85.21 per cent. Observing that the injuries had severely affected his future earning capacity, it treated his functional disability as 100 per cent.
It rejected the insurance company's objections over the driver's licence and permit, holding that there was no breach of policy conditions and that the insurer was liable to satisfy the award. The tribunal then granted Arun Kumar Rs 18.92 lakh under various heads, along with annual interest of 7.5 per cent.
A Delhi Motor Accident Claims Tribunal has awarded Rs 18.92 lakh in compensation to a man who suffered 85.21 per cent permanent disability in a road accident in 2008, when he was a 15-year-old school student. The tribunal also directed insurer New India Assurance Company Ltd. to pay 7.5 per cent annual interest on the amount.
Presiding Officer Richa Manchanda, who was hearing the claim petition filed by Arun Kumar, said in an order dated July 15 that the accident was caused by rash and negligent driving of the offending vehicle. The tribunal held, "It is held that the petitioner has been able to prove his case on the basis of preponderance of probabilities, that he sustained injuries in road accident due to rash and negligent driving of offending vehicle".
According to the tribunal, Arun Kumar was returning from school on a motorcycle on August 28, 2008, when a car hit the vehicle from behind near a petrol pump in Rohini, leaving him seriously injured. The tribunal relied on the FIR, charge sheet and medical evidence to conclude that the accident took place because of the rash and negligent driving of the car.
The tribunal noted that the claimant suffered 71.37 per cent hearing disability and 49 per cent neurological disability, taking his overall permanent disability to 85.21 per cent. Observing that the injuries had severely affected his future earning capacity, it treated his functional disability as 100 per cent.
It rejected the insurance company's objections over the driver's licence and permit, holding that there was no breach of policy conditions and that the insurer was liable to satisfy the award. The tribunal then granted Arun Kumar Rs 18.92 lakh under various heads, along with annual interest of 7.5 per cent.
