A Delhi Motor Accident Claims Tribunal here has awarded Rs 40 lakh compensation to an elderly man who suffered permanent disability after being hit by a speeding motorcycle and allowed the insurance company to recover the amount from the vehicle owner and rider.
Presiding Officer Sudeep Raj Saini was hearing a claim petition filed by Rajpal Singh (66), who suffered quadriparesis and became completely dependent on others for care following the accident.
In the order dated June 9, 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 motorcycle being driven by respondent no. 1, Irfan.”
According to the tribunal, Singh was hit by the speeding motorcycle while crossing a road near Aakash Hospital on December 25, 2018. He sustained grievous injuries and was taken to Safdarjung Hospital and later to Venkateshwar Hospital.
The tribunal relied on the eyewitness testimony, the Detailed Accident Report, prompt registration of the FIR, filing of chargesheet against the rider and other material on record.
Noting that the victim suffered 100 per cent functional disability and a total loss of earning capacity, the tribunal awarded him Rs 16.63 lakh towards future loss of income, over Rs 11 lakh towards future attendant charges and compensation under other heads, including treatment expenses, pain and suffering, conveyance and special diet.
The tribunal directed that 10 per cent of the total award amount of Rs 40 lakh be released immediately, while the remaining 90 per cent be kept in fixed deposits under the Motor Accident Claims Annuity Deposit (MACAD) scheme.
It noted that the motorcycle was insured at the time of the accident and directed the insurance company to deposit the compensation amount within 30 days.
The tribunal also granted the company recovery rights against the driver, Irfan, and the motorcycle owner, Imran Uddin, after finding that the rider did not possess a valid driving licence at the time of the accident, amounting to a breach of the insurance policy.
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