Delhi tribunal awards Rs 1.52 cr to man who suffered permanent disability in road accident

Delhi Motor Accident Claims Tribunal has awarded a compensation of Rs 1.52 crore to a man who suffered 100 per cent permanent disability following a road accident in 2022.

Presiding Officer Sudeep Raj Saini was hearing a claim petition filed by Bharat Ghai, who sustained severe head injuries after he was struck by a speeding car on February 11, 2022.

In an order dated March 16, the tribunal said, “It stands proved on the touchstone of preponderance of probabilities that the accident in question was caused due to rash and negligent driving of a motor vehicle, being driven and owned by respondent no. 1 (car driver), thereby causing injuries to the petitioner”.

The tribunal noted that the accident caused him to suffer a hypoxic brain injury, leaving him bedridden and in a comatose state since the incident.

“The petitioner is completely dependent on others for his daily needs and medical care. Therefore, it is evident that the petitioner would require the services of at least one full-time attendant throughout his lifetime,” the tribunal said.

Rejecting the defence of the driver’s legal representatives that the vehicle was not involved in the accident, the tribunal relied on the FIR, charge sheet, medical records and eyewitness testimony to conclude that the accident occurred due to negligent driving.

“The petitioner has suffered 100 per cent functional disability and is completely dependent on others for all his needs,” it said.

The tribunal assessed compensation under various heads, including loss of future income, medical expenses, and long-term care requirements.

It awarded over Rs 52 lakh towards loss of future earnings and more than Rs 54 lakh towards hospitalisation expenses alone, apart from other damages.

The tribunal also noted that the victim would require lifelong medical care and assistance, including a full-time attendant.

It noted that the vehicle was insured at the time of the accident and directed the insurance company to pay the compensation amount to the victim.