New Delhi, Sep 14 A Delhi Motor Accident Claims Tribunal has awarded Rs 76.72 lakh to a 24-year-old man who suffered 75 per cent permanent physical disability in his upper limbs and brain in a road accident, saying that his condition left him unable to perform daily activities or earn his livelihood.
Presiding Officer Deepika Singh was hearing a claim petition filed by Dinesh Kumar, and he has been in a bed-ridden-like condition since the accident and required continuous nursing care and medical attention. It also held that his life expectancy has been shortened because of the grievous injuries.
In an order dated September 7, the tribunal said, "It stands duly proved that the accident had taken place due to rash and negligent driving of the offending vehicle by R1 (truck driver) and hit the petitioner's scooty and thereby caused injuries to the petitioner and her husband."
According to the prosecution, Kumar suffered injuries after a truck, driven by Mohammad Israil, hit his scooty from behind near Badli metro station. Kumar and his wife were travelling on the scooty when the incident occurred on April 22, 2021.
The tribunal relied on medical evidence showing that Kumar had suffered 75 per cent permanent physical disability relating to both upper limbs and the brain. A doctor testified that he had difficulties with learning, attention, memory and communication and could not focus on work or travel alone to distant places.
While calculating the loss of earning capacity, the tribunal took his monthly income at Rs 19,717 and considered that he was about 24 years old at the time of the accident. It awarded Rs 31.91 lakh under this head.
A major component of the award was Rs 34.36 lakh towards attendant charges during treatment and for the future. The tribunal held that, given his 75 per cent permanent disability and condition, he would require an attendant throughout his life.
It then awarded a total of Rs 76.72 lakh compensation to the petitioner under various heads.
The tribunal directed New India Assurance Company Ltd, which had insured the truck, to deposit the compensation with 7.5 per cent annual interest from August 8, 2022, the date of filing of the claim, until realisation.
It gave the insurer 30 days to make the deposit, failing which the interest rate would rise to nine per cent for the period of delay.
