Delhi tribunal awards Rs 2.72 crore to man left paralysed in 2023 road accident

A Delhi Motor Accident Claims Tribunal (MACT) has awarded Rs 2.72 crore as compensation to a 19-year-old man left paralysed in a road accident in 2023.

Presiding Officer Ruchika Singla was hearing a claim petition filed by the paralysed man, Khushwant Kapoor, against the driver of the offending vehicle, Harish Madan, its owner Mohan Lal Madan and its insurer.

According to the prosecution, in the early hours of April 26, 2023, Kapoor was going home on his motorcycle, when the offending taxi hit him with great force near Vikas Marg at IP Estate, causing him to fall and sustain grievous injuries. The taxi driver took him to the Lok Nayak (LNJP) Hospital.

“This tribunal is of the opinion that on the scales of preponderance of probabilities, the petitioner has proved that the accident in question took place due to the rash and negligent driving of the offending vehicle … and that due to the said accident, the petitioner had suffered a grievous injury,” the presiding officer said in the order dated April 4.

The prosecution had provided a medicolegal case (MLC) of the petitioner that showed that he was brought to the LNJP Hospital in the morning hours of April 26, 2023, with a history of road-traffic accident. The prosecution had also provided the petitioner’s disability certificate, which stated that he suffered from 100-per cent permanent neurological disability.

The tribunal junked arguments on false implication of the offending driver as it found such contentions “beyond comprehension”, noting that Kapoor had no prior enmity with Madan to do so.

The tribunal also drew an adverse inference against the owner and the driver of the offending vehicle as they did not lead any evidence to discharge the burden of proof upon them to show that they were not responsible for the accident.

While calculating the amount of compensation, the tribunal took into consideration that the petitioner was only 19 at the time of the accident, working as a representative in the operations team of a BPO and had suffered 100-per cent functional disability, leaving him unable to work in the future.

The tribunal awarded Rs 2.72 crore to the petitioner as compensation with interest under various heads, including Rs 90.3 lakh to cover attendant charges. It was disclosed by the petitioner’s family that due to his bedridden and paralysed condition, he had to be monitored by attendants round the clock.

The tribunal noted that the offending vehicle was insured at the time of the accident and directed IFFCO Tokio General Insurance Company Limited to deposit the compensation amount.