MACT Mohali awards ₹66 lakh to accident victim, notes 60% permanent disability

Observing that compensation must restore a victim “as nearly as possible to the position he would have been in,” the tribunal held that while the claimant’s medical disability stood at 60%, its impact on his life and livelihood justified treating his functional disability as 100%

Aarya Kumar

The tribunal directed the insurance company to pay the compensation with 9% annual interest within two months. (HT File)

A Motor Accident Claims Tribunal (MACT) in Mohali has awarded ₹66.28 lakh compensation to a 23-year-old man who lost his finger and suffered 60% permanent disability after being dragged for nearly 500 metres by a car in a 2022 accident on Airport Road.

Observing that compensation must restore a victim “as nearly as possible to the position he would have been in,” the tribunal held that while the claimant’s medical disability stood at 60%, its impact on his life and livelihood justified treating his functional disability as 100%. The court noted that the injured man can no longer perform basic tasks such as writing, signing, driving or using a computer, which has effectively ended his earning capacity.

According to the case, Harpreet Singh was returning home from his workplace in Sector 79 on December 9, 2022, when an Innova car first hit another motorcycle and then rammed into his bike from behind near TDI on Airport Road. The impact caused him to fall on the road, after which he got trapped under the vehicle and was dragged for about 500 metres before it stopped. People present at the spot pulled him out and rushed him to hospital.

Relying on the principle of restitution in integrum and Supreme Court rulings, the tribunal said compensation in such cases must account for loss of future earning capacity and quality of life. It assessed his monthly income at ₹28,000 based on salary records and applied the multiplier method to calculate compensation.

The tribunal rejected the insurance company’s claim that the vehicle was not involved and that the FIR was manipulated, holding that the evidence on record established rash and negligent driving.

It awarded over ₹60 lakh towards loss of future income, along with amounts for medical expenses, pain and suffering, loss of amenities, transportation, attendant charges and future medical care. The tribunal directed the insurance company to pay the compensation with 9% annual interest within two months.