Paridhi Arya
Published on: April 6, 2022 at IST
The Single Judge Bench of Bombay High Court of Justice Bharti Dengre has issued an order to insurance company that they need to pay 5lakh rupees to the victim under heads of ‘ loss of expectation of life’ and ‘loss of amenities’ individually.
This is the case of appeal filed by the insurance company against the award of Motor Accidents Claim Tribunal (MACT) to pay 52.66lakhs rupees to victim.
The defendant was a businessman and of 24 years when he met with an accident which made him 83 percent disabled.
He filed the case in tribunal asking for 1.50 crores as compensation because he had spent four hundred days in hospital and had four surgeries and of medical attendant who accompanied him in hospital.
The insurance objected it in appeal by stating that the defendant was driving rashly at the time of accident and so the other vehicle cannot be blamed for this accident.
The High Court pointed out that Motor Vehicle Act is beneficial in nature it provides compensation so that the sufferer and his family feel relaxed from economic burden that has come upon them.
Defendant was very young when he met with an accident and now he is dependent on others for whole of his life so he should be awarded the compensation
“The claimant (Bhandari), barely aged 24, at the time when he met with an accident, has been struggling for his survival and overcome his disabilities and the disability incurred by him which resulted in replacement of his hip, has totally impaired his movements and function of his entire body.”
“He may have managed to survive, but his fruitful years are lost, spent in and out of the hospital under a hope of overcoming the disability and restoring himself in a position of a young enterprising business person, with dreams in his eyes,” Judge observed.
“No amount of compensation can bring his years back nor offer any solace for his sufferings, and but for the accident, and the injury sustained therein, he would have led a happy and healthy life. Though he may somehow manage to engage himself in some gainful activity/avocation, his life will never remain the same. He was prosperous businessman and his life was on the right track but account of the accident, he lost his dream and has become crippled,” the justice Dengre added.
Bombay High Court then awarded 10lakhs rupees under two heads along with 52lakhs of compensation awarded by tribunal.