Kin seeks Rs 60,000,judge orders Rs 27 lakh for mishap victim

A delhi court has awarded compensation of around Rs 27 lakh to a labourer who was run over by a Blueline bus,after dismissing an attempt by his brother to settle for just Rs 60,000.

Written by Jayant Sriram | New Delhi | Published:January 6, 2012 1:13 am

A delhi court has awarded compensation of around Rs 27 lakh to a labourer who was run over by a Blueline bus,after dismissing an attempt by his brother to settle for just Rs 60,000.

Motor Accident Claims tribunal judge Nirja Bhatia also turned down a subsequent offer by the insurance company,Cholamandalam General Insurance Company,to pay the victim an amount of Rs 2.5 lakh.

The accident had occurred on September 2010 when the claimant Ram Kishan,a 25-year-old daily wage labourer,was riding pillion on a scooter.

The bus rammed into the scooter from behind,and though the rider suffered only superficial injuries,Kishan was rushed to the hospital in a critical condition. The court noted that when investigating officer in the case first came to file the report,he produced the driver of the bus along with the brother of the injured,and informed the court that the parties had reached a settlement for Rs 60,000.

The judge,however,insisted that the claimant be produced in court. After seeing his condition,she ruled that the amount was insufficient.

The court subsequently ordered that the victim be taken to AIIMS,so that his disability could be assessed. The report submitted by the hospital stated that Kisha had suffered severe injuries in the accident,including a ruptured bladder,a wound in the right forearm and other injuries to his spine and abdomen. The report further stated that he had suffered an overall disability of about 32 per cent,and he would require additional surgery at a later date.

“From the statement of the doctor,it has become clear that the claimant has suffered severe disabilities and would not be able to lead his life as a normal human being. It is also stated that due to the above injuries,he will need an attendant at least till further surgery is perfomed by him,” the judge said in her order.

The court awarded compensation to Kishan under various heads such as pain,suffering,loss of income and future medical treatment. The judge noted that as per the medical report,he would be on a catheter and under constant medical supervision due to his susceptibility to frequent infections. Due to the disability,he would probably never be able to work again,she added.

“The probability of his ability to work appears to be remote. Hence,the loss of ability of the claimant to work is assessed to the extent of 100 per cent,” the judge said. The court thus awarded Kishan compensation of about Rs 18 lakh towards disability,besides Rs 7 lakh for future medical treatment.

The insurance company had initially denied any liability in the case,arguing that the licence used by the driver was fake. Later,it offered to pay an amount of Rs 2 lakh,which would be added to the conciliation amount of Rs 60,000 initially offered to Kishan’s brother.

The judge ruled that out on the grounds of “insufficiency” and the fact that the company had failed to prove the illegality of the driving licence.

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