New Delhi, Aug 25 A Delhi Motor Accident Claims Tribunal has awarded Rs 21.31 lakh compensation to a man who suffered grievous injuries after a municipal corporation truck allegedly hit his scooty from behind in Dwarka in 2017.
Presiding officer Dharmender Singh was hearing a claim petition filed by Shravan Kumar who got injured after a truck hit his vehicle from behind and directed the truck driver and the South Delhi Municipal Corporation, which owned the vehicle, to pay Rs 21.31 lakh in compensation to him.
In an order dated August 24, the tribunal said, "It has been proved that vehicle i.e truck was being driven by Satbir Singh in rash and negligent manner and while driving said vehicle in said manner, said vehicle hit the scooty of claimant from behind and due to such collision, claimant suffered grievous injury."
According to the tribunal, the accident took place on September 8, 2017, at the Sector 6-7 red light in Dwarka when the truck, being driven by Singh in a rash and negligent manner, hit Ojha's scooty from behind. Ojha suffered grievous injuries in the accident.
The tribunal held that the claimant had established through his testimony and the Detailed Accident Report, including the police chargesheet and medical records, that the truck was being driven rashly and negligently and had caused the collision. It also noted that the vehicle was registered in the name of the municipal corporation.
The tribunal awarded Rs 18.77 lakh towards treatment, hospitalisation and medicines, Rs 25,000 for transportation, Rs 25,000 for nourishing food and Rs 60,000 towards attendant charges.
It also awarded Rs 1.23 lakh for loss of earnings during the treatment period and Rs 20,000 for pain and suffering, taking the total compensation to Rs 21.31 lakh.
The tribunal noted that Ojha remained under treatment from the date of the accident until March 24, 2018, and was hospitalised on six occasions. As he had not produced documentary proof of his actual income, the tribunal assessed his loss of earnings on the basis of the minimum wages applicable to a graduate in Delhi at the time of the accident.
The tribunal also said that the case involved grievous injury but no permanent disability and, therefore, did not award compensation for loss of future earnings or future medical expenses.
It fixed interest on the compensation at 7.5 per cent per annum from the date of filing of the claim petition till the date of notice of deposit. The driver was held primarily liable, while the municipal corporation, as owner of the vehicle, was held vicariously liable.
The tribunal directed the respondents to deposit the award amount within 30 days.
