E-Paper
Chandigarh: ₹11-lakh relief for man who lost arm in accident
The victim’s arm was crushed under a truck near Gurdwara Dhanna Bhagat Sahib in Patiala in Oct last year
A year after a 57-year-old man from Ambala lost his left arm after it was crushed under a truck in Patiala, the Motor Accident Claims Tribunal (MACT), Panchkula, has awarded him a compensation of ₹11.64 lakh.
The petitioner, Balbir Singh, had filed a claim petition earlier this year against Kunwar Pal of Bharatpur district, Rajasthan, the driver of the offending truck; Pack & Move Transport Co, the truck’s owner; and New India Assurance Co Ltd, the vehicle’s insurer.
According to case details, on October 28, 2024, Balbir was driving his truck after loading goods for delivery to a factory in Sandharsi village, Rajpura, Patiala.
Around 8.30 pm, when he reached the Bhakra Canal bridge near Gurdwara Dhanna Bhagat Sahib in Patiala, he encountered a traffic jam. Balbir parked his truck on the roadside and went ahead to check the cause of the congestion.
After a few minutes, as the jam cleared and he was returning to his truck, the driver of another truck, bearing a Haryana registration number, suddenly started his vehicle in a rash and negligent manner, turning it sharply. Balbir was caught and crushed under the vehicle coming from the opposite direction.
Accused driver had fled the scene
Hearing his cries for help, the unknown truck driver stopped, tied his parna around Balbir’s injured arm, called his son to inform him about the accident and then fled the scene, leaving him injured on the road.
Passers-by rushed Balbir to the Community Health Centre in Ghanaur, from where he was referred to the Government Medical College and Hospital (GMCH), Sector 32, Chandigarh. His left arm was severely crushed and had to be amputated above the elbow.
The incident was reported to the police, and an FIR was registered at the Ghanaur police station in Patiala district, under Sections 281, 125 (A) and 125 (B) of the Bharatiya Nyaya Sanhita.
During tribunal proceedings, the driver and owner of the offending truck failed to appear and were proceeded against ex parte. The insurance company denied liability, claiming that no such accident involving the insured vehicle had occurred.
However, the tribunal noted that despite receiving the notice, the truck owner did not submit the driver’s licence or the vehicle’s route permit. “In the given circumstances, this tribunal is left with no option but to presume that the driver was not holding a valid licence and the owner did not possess a valid route permit on the date of the accident,” the tribunal observed.
It concluded that this constituted a violation of the terms and conditions of the insurance policy.
The tribunal held the driver and owner of the offending vehicle jointly and severally liable to pay ₹11.64 lakh as compensation to the petitioner, along with interest at the rate of 6% per annum from the date of filing of the claim petition until realisation of the amount.
