Chandigarh: MACT awards ₹9 lakh relief to 18-yr-old rendered disabled in mishap
Mohit Aggarwal, 18, of Varanasi, Uttar Pradesh, had filed a complaint against Inder Singh of Dadumajra Colony, Chandigarh, the driver of the bus involved in the accident, Chandigarh Transport Undertaking and insurer United India Insurance Company Ltd, Sector 8- C, Chandigarh.
The Motor Accident Claims Tribunal (MACT), Chandigarh, has penalised Chandigarh Transport Undertaking (CTU), its driver and insurer for an accident in September 2018 which had rendered a youth permanently disabled.
The youth has been awarded a compensation of ₹9 lakh, to be paid by all parties jointly and severally.
Mohit Aggarwal, 18, of Varanasi, Uttar Pradesh, had filed a complaint against Inder Singh of Dadumajra Colony, Chandigarh, the driver of the bus involved in the accident, Chandigarh Transport Undertaking and insurer United India Insurance Company Ltd, Sector 8- C, Chandigarh.
Mohit filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, for compensation of ₹20 lakh on account of injuries sustained by him. He stated that on the fateful afternoon, he was going from Chandigarh College of Engineering and Technology, Sector 26, to Panjab University, Sector 14, Chandigarh.
As he reached the end of the slip road near Punjab National Bank, Sector 26, a speeding CTU bus came in a rash and negligent manner and rammed into his bicycle, leaving him badly injured. He was rushed to the Government Medical College and Hospital, Sector 32, where he underwent treatment but was left with a permanent disability as a result of his injuries.
An FIR was also registered at the Sector 26 police station, wherein Mohit stated that he has suffered a great financial loss, mental agony and physical ailment.
{{/usCountry}}An FIR was also registered at the Sector 26 police station, wherein Mohit stated that he has suffered a great financial loss, mental agony and physical ailment.
{{/usCountry}}The bus driver, meanwhile, stated that a false FIR has been lodged against him in connivance with the local police just to get compensation. The CTU took preliminary objection that claim petition is misconceived. No accident took place with the bus and a false FIR has been lodged. “The claim petition is vague and claimant has no cause of action to file the claim petition. All the material contents of the claim petition have been denied,” the CTU had stated.
{{/usCountry}}The bus driver, meanwhile, stated that a false FIR has been lodged against him in connivance with the local police just to get compensation. The CTU took preliminary objection that claim petition is misconceived. No accident took place with the bus and a false FIR has been lodged. “The claim petition is vague and claimant has no cause of action to file the claim petition. All the material contents of the claim petition have been denied,” the CTU had stated.
{{/usCountry}}The insurer also stated that the claim petition is not maintainable and the FIR is fabricated. Also, the driver was not having any valid and effective driving licence, registration and other documents as required under MV Act.
{{/usCountry}}The insurer also stated that the claim petition is not maintainable and the FIR is fabricated. Also, the driver was not having any valid and effective driving licence, registration and other documents as required under MV Act.
{{/usCountry}}After hearing all the parties, the MACT partly accepted the petition and awarded compensation of ₹9 lakh on account of injuries suffered in a road accident. “Besides this Mohit is also entitled to the interest @ 8% per annum on the award amount from the date of filing of the claim petition till its realisation. All respondents are liable to pay the compensation jointly and severally,” the MACT observed in its order dated April 25.
