A Delhi court has awarded Rs 8.2 lakh compensation to a man who was grievously injured in a 2016 road accident saying while no amount of money can erase the trauma, monetary compensation can assure some restitution to the survivor.
President Officer Shelly Arora of the Motor Accident Claims Tribunal (MACT) was hearing the claim of Akhlak Ali who said two bikes which were being driven speedily and rashly, violating the traffic rules, crashed into him from behind on April 8, 2016, because of which he sustained injuries and was rushed to hospital.
The court noted that the nature of injuries were grievous and petitioner suffered six per cent permanent physical impairment in his left upper limb.
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In its order dated June 4, the court said, “The witness has clearly denied that he was jaywalking or was not paying enough attention to the ongoing traffic or was busy on his mobile phone and therefore, could not avert the accident or had plugged the earphones and therefore, he could not hear the honking sound of the two bikers or was intoxicated or had taken a medicine which dimmed his alertness.”
It said no contradictions emerged when Ali was cross-examined.
The court noted Ali’s deposition that the around 10 bikes were racing, covering the entire width of the road, and two of them, came on the road’s edge, and after colliding with each other and crashed into him from behind.
“Whether or not CCTV footage pertaining to the accident was collected, cannot be held against the injured as it was primarily the job of investigating authorities,” the court said.
Noting the evidence before it, the court said that it was proved that the two bikes were being rashly driven.
“While no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (or replace the loss of a loved one), monetary compensation is the manner known to law, whereby society assures some measure of restitution to those who survive, and the victims who have to face their lives,” the court said.
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It computed a total compensation of around Rs 8.20 lakh under various heads, including pecuniary losses because of expenditure on medical treatment and loss of income, besides non-pecuniary losses of future income, amenities of life and compensation for mental and physical shock,pain and suffering.
It directed the insurers, ICICI Lombard General Insurance Company and Reliance General Insurance Company to deposit the compensation amount.
