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Panchkula: 21-year-old accident victim gets ₹10 lakh relief

Along with the compensation, the 21-year-old accident victim has been awarded 6% interest, to be paid by all parties jointly and severally

Updated on: May 9, 2023, 01:23:06 IST
By , Panchkula
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The Motor Accident Claims Tribunal (MACT), Panchkula, has awarded a compensation of 10.20 lakh to a 21-year-old man who met with an accident in April 2022 that left him with permanent disability.

The 21-year-old accident victim filed the claim petition for compensation of  ₹10 lakh on account of injuries sustained by him in accident on April 15, 2022. (Getty Images/Purestock)
The 21-year-old accident victim filed the claim petition for compensation of ₹10 lakh on account of injuries sustained by him in accident on April 15, 2022. (Getty Images/Purestock)

Anshul Bhan, 21, of Abheypur village, Panchkula, had filed a claim against Abhishek of Sector 22, Chandigarh, the driver of the car involved in the accident, the car owner Harmandeep Singh of Mukatsar, Punjab, and insurer The Oriental Insurance Company Limited.

Along with the compensation, the youth has been awarded 6% interest, to be paid by all parties jointly and severally.

Anshul filed the claim petition for compensation of 10 lakh on account of injuries sustained by him in accident on April 15, 2022. He stated that on the fateful evening, he was on his way back home from Morni, Panchkula, with his two friends on a motorcycle. Just prior to Morni T-Point, an i-20 car bearing Punjab registration number hit him head-on in speed. He was rushed to the General Hospital, Sector 6, Panchkula, and later referred to Alchemist Hospital where he underwent treatment but was left with a permanent disability as a result of his injuries.

Anshul submitted that he was preparing for the Haryana Police / Defence services. He had temporarily joined in health department under Saksham Policy in Haryana in March 2022. “Due to permanent disability suffered in the accident, his dream to join the defence services has been shattered. He further submitted that he is still under treatment and is confined to bed; and is not able to walk and run properly,” read the petition.

An FIR was also registered on April 24 under section 279, 337 of Indian Penal Code at Chandimandir police station.

The car driver, meanwhile, stated that he has been impleaded wrongly on false and flimsy grounds. No accident took place with the car. “The Claimant was triple riding and has no cause of action to file the claim petition,” the driver had stated.

“Anshul and his friends were triple riders on the motorcycle and they must have fallen themselves,” he added. Meanwhile, the car owner Harmandeep Singh of Mukatsar, failed to appear before the court and was proceeded against ex-parte.

The insurer also stated that there is undue delay in registration of FIR and Anshul himself was negligent in causing the accident by driving the motorcycle with two pillion riders.

“Due to disability, Anshul has become disabled to join the police services/army services. However, the disability is not of such a nature that the petitioner is not able to do any work, as he has 25% disability only in relation to foot, knee. Therefore, his earning capacity would be adversely affected, but it cannot be stated that he has totally lost his earning capacity,” the tribunal observed in its order.

It also clarified that as the vehicle involved in accident was duly insured, therefore, primary responsibility to pay compensation amount shall be that of insurance company.