Delhi NCR

Delhi tribunal awards over Rs 61 lakh to kin of accident victim after 12-year legal battle

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PTI

A Delhi Motor Accident Claims Tribunal has awarded over Rs 61 lakh as compensation to the family of a man who suffered severe brain injuries in a road accident in Uttar Pradesh in 2013.

Presiding Officer Vijay Kumar Jha was hearing a claim petition filed by Satya Veer Singh, who had sustained grievous injuries, including severe brain trauma and a fractured femur, after a car struck his motorcycle from behind in Ghaziabad on September 25, 2013.

“In view of the above, it is held that petitioners have been able to establish on the basis of the preponderance of probabilities that the injured Satya Veer Singh (now deceased) had sustained grievous injuries in the present motor vehicular accident, which was caused due to rash and negligent driving of the offending vehicle (car driver),” the tribunal said.

The tribunal noted that the victim remained hospitalised for weeks and was later assessed to have suffered 90 per cent permanent brain disability, which the tribunal treated as 100 per cent functional disability.

The tribunal held that the accident occurred due to rash and negligent driving by the driver of a Tata Aria car, which hit the victim’s motorcycle from behind on September 25, 2013, at Raj Nagar Extension Road in Ghaziabad.

Singh died in February 2025, over 11 years after the accident. The tribunal, however, ruled that his death was not conclusively linked to the injuries sustained in the crash and treated the matter as an injury case rather than a fatal accident claim.

The claim petition had a prolonged procedural history. Initially filed in 2014, it was dismissed in default and later restored following directions from the Delhi High Court in 2023. During the pendency of proceedings, Singh passed away, and his legal heirs pursued the case.

Relying on eyewitness testimony and medical evidence, the tribunal concluded that the offending vehicle was being driven at high speed and struck the motorcycle from the rear, establishing negligence.

In calculating compensation, the tribunal awarded amounts under various heads, including medical expenses of over Rs 9.38 lakh, loss of future earnings exceeding Rs 21.93 lakh, and attendant charges of about Rs 16.62 lakh, considering the victim required round-the-clock care due to his condition.

It also granted sums towards loss of income during treatment, special diet and conveyance.

The tribunal held the insurer liable to indemnify the owner and directed it to deposit the award amount within 30 days.

PTI

Published by
PTI
Tags: delhiMACT

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