Delhi tribunal awards Rs 48.68 lakh compensation to woman disabled in road accident

A Motor Accident Claims Tribunal in Delhi has awarded Rs 48.68 lakh as compensation to a woman who suffered 60 per cent permanent disability after being hit by a government tempo in July 2024.

Presiding Officer Charu Gupta was hearing a claim petition filed by a woman whose leg had to be amputated due to the accident.

On July 2, 2024, Saraswati was walking from Kalkaji Temple towards Nehru Place Flyover to fetch a bus, when a rashly driven Gramin Seva tempo hit her, causing her grievous injuries. She was rushed to AIIMS Trauma centre for treatment, where she underwent surgery for amputation of her left leg below the knee.

The insurer of the vehicle filed a legal offer of Rs. 18.52 lakh, which was declined on the grounds of being an “unjust and unreasonable” compensation amount.

The tribunal noted that the vehicle insurer had admitted to their liability to compensate the petitioner considering they raised no statutory defence, did not wish to provide any evidence, and filed a legal offer. Thus, only the quantum of compensation was discussed by the tribunal.

“The difference in the compensation offered by the insurance company and the one claimed by the petitioners is only on account of computing the expenditure on installation of the artificial limb in near future, ” the tribunal noted in its judgment dated January 6.

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The tribunal noted that the petitioner was 48 years old at the time of the accident, and was assumed to be earning minimum wages for skilled labour.

Taking into consideration, she has been medically certified being 60 per cent functionally disabled, the tribunal awarded her over Rs 48.68 lakh under various heads, including Rs 23.47 lakh for loss of future income.

The tribunal directed the vehicle insurer, Bajaj Allianz General Insurance Company Ltd. to deposit the amount.