Providing relief to an accident victim, the Motor Accident Claims Tribunal, Chandigarh, has directed a car driver, owner and insurer to jointly pay Rs 24.26 lakh to him. The victim, a dance and fitness expert, suffered 51% disability in the left lower limb in the road accident near Sector 49.
A resident of Sector 29-D, Sachin Dixit, 32, who was on his way from Chandigarh to Phase 11, SAS Nagar, on his a motorcycle (CH-01-AP-7109), was hit by a speeding Swift car (PB-18-R-9921) near the Sector 48-49 roundabout on September 26, 2013. He sustained grievous injuries on his head and leg.
He was admitted to NINS Brain and Spine Hospital, Sector 34-A, Chandigarh, till October 9, 2013, and claimed that he was still getting treatment there. The police lodged a first information report (FIR) on October 9 at the Phase 11 police station. Dixit pleaded that he was running dance and fitness classes and was earning Rs 23,000 a month.
He contended that he suffered multiple injuries and had incurred a huge amount on his treatment. He claimed Rs 20 lakh along with 18% interest per annum from the driver, identified as Rakesh Kumar, a resident of Gurdaspur; M/s Bhushan Exports, GT Road, Balata, Gurdaspur (owner of the car) and United India Insurance Company Limited, Gurdaspur.
In their joint statements, the driver and owner of the car averred that no accident took place with their vehicle. Meanwhile, the insurer pleaded that the driver did not possess a valid driving licence at the time of the accident.
{{/usCountry}}In their joint statements, the driver and owner of the car averred that no accident took place with their vehicle. Meanwhile, the insurer pleaded that the driver did not possess a valid driving licence at the time of the accident.
{{/usCountry}}In its order, the tribunal said the claimant had proved that he was treated for the injuries suffered by him in the accident. “Taking into account the profession of the claimant, the fact cannot be denied that the disability suffered by him is functional one, therefore, he is entitled to claim towards future loss, said the tribunal.