Rs.41 lakh awarded to accident victim
Mohali, March 25 -- The Motor Accident Claims Tribunals in Mohali has awarded Rs.41.69 lakh to a 58-year-old farmer, Amarjit Singh, of Mastgarh village who lost his right leg below the knee in a road accident near the Mullanpur Air Force Station in 2020.
The tribunal held that the crash was caused by the rash and negligent driving of the scooter rider with whom Singh was going as a pillion. It rejected the rider's claim that the vehicle had toppled only because a stray cow suddenly appeared on the road and noted that although it may have been the case but the driver's failure to maintain control clearly amounted to negligence.
The court also observed that the driver avoided entering the witness box, creating an adverse inference against him, and said there was no reason for the injured to falsely implicate someone he knew.
The compensation brings substantial relief to the victim who argued that the amputation devastated his ability to work on his farmland and forced him to depend on hired labour for routine tasks.
The tribunal accepted the documentary evidence of Singh's agricultural earnings and assessed his annual income at Rs.4.69 lakh, holding that his 75% permanent disability directly reduced his earning capacity. Based on this, it calculated a major component of the award towards future income loss.
The tribunal acknowledged the lifelong cost of using an artificial limb. It allowed the recurring expense for the upkeep of the Rs.6.10 lakh prosthetic leg, and directed the insurance company to reimburse every future replacement after verification. Insurance company has been directed to release the compensation within two months....
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