New Delhi, A Motor Accident Claims Tribunal here has awarded a compensation of ₹56.87 lakh to a 26-year-old security guard who suffered permanent disability in 2022 after his motorcycle hit the door of a bus that was negligently opened by its driver.
The tribunal underlined that a person is to be compensated for his inability to lead a full life, and though no amount of money could erase the trauma and grief that the victim suffered, the agony that he underwent and the dignity and confidence that were shattered, the compensation could alleviate a bit of suffering.
Presiding Officer Abhilash Malhotra was hearing the claim plea of the injured, Dinesh Kumar, who said that on the night of October 27, 2022, he was riding a two-wheeler on a road in R K Puram when the driver of a stationary bus suddenly opened the battery cover door without checking for oncoming traffic.
It said that Kumar hit the door and sustained grievous injuries, resulting in 75 per cent permanent physical disability in his left dextrous arm.
In a 58-page order dated August 4, the tribunal held that the accident resulted from the rash and negligent act of the bus driver.
{{/usCountry}}In a 58-page order dated August 4, the tribunal held that the accident resulted from the rash and negligent act of the bus driver.
{{/usCountry}}"It is clear that the driver of the bus was duty-bound to check the oncoming traffic before opening the door/shutter of battery cover. The driver did not observe any precaution in that regard, and a motorcyclist cannot be expected to presume the sudden opening of the shutter/door of battery cover in moving traffic," the tribunal said.
It trashed the argument that Kumar could be attributed contributory negligence, underlining that the bus was improperly parked and its driver did not bother to check the oncoming traffic from behind.
The tribunal noted Kumar's submissions that due to the injuries, he could not do daily chores like wearing clothes, lift any heavy weight, drive or ride, and as he is left-handed, he would not be able to do any work due to permanent disability in the left hand.
"A person is not only to be compensated for the physical injury, but also for the loss which he suffered as a result of such injury. This means that he is to be compensated for his inability to lead a full life, his inability to enjoy those normal amenities which he would have enjoyed but for the injuries, and his inability to earn as much as he used to earn or could have earned," it said.
"No amount of money can compensate the agony that the victim has undergone, but it is hoped that some compensation can go a long way in alleviating a bit of the suffering that he has endured. An earnest effort has to be made to compensate him for the same in a just and reasonable manner," it said.
The tribunal then directed M/s Go Digit General Insurance Company to deposit the award amount of ₹56.87 lakh under various heads, such as interest, compensation for loss of future income, medical expenses, physiotherapy, pain and suffering, and the loss of marriage prospects.
This article was generated from an automated news agency feed without modifications to text.
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