Rs 39 lakh relief for Nayagaon resident left 90% disabled in mishap: MACT - Hindustan Times
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Rs 39 lakh relief for Nayagaon resident left 90% disabled in mishap: MACT

Hindustan Times, Chandigarh | By
Mar 30, 2017 01:05 PM IST

Two years after a 28-year-old waiter, Vipin Kumar, was blinded in his right eye and was left speech-impaired after an accident in Mauli Jagran, the Motor Accident Claims Tribunal (MACT), Chandigarh, has ordered United India Insurance Company Limited to pay Rs 39 lakh as compensation to the Nayagaon resident. The company will also pay 6% interest per annum from the date of the claim.

Two years after a 28-year-old waiter, Vipin Kumar, was blinded in his right eye and was left speech-impaired after an accident in Mauli Jagran, the Motor Accident Claims Tribunal (MACT), Chandigarh, has ordered United India Insurance Company Limited to pay Rs 39 lakh as compensation to the Nayagaon resident. The company will also pay 6% interest per annum from the date of the claim.

The Motor Accident Claims Tribunal (MACT), Chandigarh, has ordered United India Insurance Company Limited to pay Rs 39 lakh as compensation to the Nayagaon resident.(HT Representative Image)
The Motor Accident Claims Tribunal (MACT), Chandigarh, has ordered United India Insurance Company Limited to pay Rs 39 lakh as compensation to the Nayagaon resident.(HT Representative Image)

The company was the insurer of the car, driven by Sunil of Panchkula. His wife Preeti owned the car that rammed into Kumar’s motorcycle near Nirankari Bhawan, Mauli Jagran, on the evening of February 2, 2015. A case was registered at the Manimajra police station the same evening.

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At the time of the accident, Kumar earned Rs 12,000 per month.

‘MENTAL AGE REDUCED TO 7­YEARS’

A 28-year-old waiter, Vipin Kumar, was blinded in his right eye and was left speech-impaired after an accident in Mauli Jagran in February 2015

At the time of the accident, Kumar worked as a waiter at a disco/club in SAS Nagar and earned Rs 12,000 per month

It was later established that his mental age deteriorated to seven years due to memory loss, the claim document added

He also claimed that he had lost his earning capacity and his marriage prospects had been spoiled, he asked for Rs 50 lakh as compensation

During trial, it was submitted that Sunil had a valid driving licence and that the car was insured, but the court ordered the insurer of the car to pay the compensation

Asking that he be paid a compensation of Rs 50 lakh, Kumar claimed that he received head injury and fracture on right thumb of his foot, before being operated upon at the PGI, Sector 12, the next day.

He claimed that he could open his right eye, only in April 2015 (three months after the accident) and could not even walk.

It was later established that his mental age deteriorated to seven years due to memory loss, the claim document added. It also added that he was admitted again in hospital in July 2015. Now, he is suffering from speech impairment and cannot walk independently.

He also claimed that he had lost his earning capacity and his marriage prospects had been spoiled, he asked for Rs 50 lakh as compensation. During trial, it was submitted that Sunil had a valid driving licence and that the car was insured.

The order stated that ‘although the liability is joint and several’. However Respondent number 3 (the insurance company) has been directed the pay the compensation’ of Rs 38.8 lakh.

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