HC upholds tribunal order to compensate accident victim

Dismissing an appeal from the central government, the Bombay High Court upheld a compensation awarded by the Motor Accident Claims Tribunal (MACT) to Gagandeep Singh, who was hit by a Navy truck.

Dismissing an appeal from the central government, the Bombay High Court upheld a compensation awarded by the Motor Accident Claims Tribunal (MACT) to Gagandeep Singh, who was hit by a Navy truck.

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Singh, a Navy aspirant, was involved in an accident with a Navy truck in 1995 and lost one leg below the knee.

The MACT directed the Centre to pay Rs 11 lakh as compensation to the victim.

A division bench of Justice S.A. Bobade and Justice S.J. Kathawalla observed that it was difficult to assess monetary compensation to a person who has suffered permanent disability in an accident and refused to interfere with the compensation awarded.

The HC observed that, “Perfect compensation is hardly possible, more so in claims of injury and disability... Money cannot renew a physical frame that has been battered.”

On May 20, 1995, Singh was riding a bicycle behind a mini bus when the truck hit him from the opposite direction. Singh came under one of the rear right wheels and was dragged for 20 feet before the truck stopped.

The MACT held the truck driver guilty of “driving at a high speed and in a rash and negligent manner, on the narrow road,” and directed the central government to compensate Singh.

In the HC appeal, the Centre argued that since the truck driver took the boy to the hospital, he could not having been driving rashly. “It is the duty of every citizen to help an accident victim, more so when one is the cause of the accident, or is involved in that particular accident,” observed the HC.

Singh had also filed an appeal, seeking that the compensation amount be enhanced to Rs 15 lakh, but the HC refused
observing that Singh was mentally and physically fit. “It cannot be said that the respondent (Singh) has lost all opportunities to make a living,” observed the judges.