New Delhi, April 8 A Delhi Motor Accident Claims Tribunal (MACT) has awarded Rs 2.72 crore in compensation to a 19-year-old man who became paralyzed in a road accident in 2023.
Presiding Officer Ruchika Singla was hearing a claim petition filed by the paralyzed man, Khushwant Kapoor, against the driver of the offending vehicle, Harish Madan, its owner Mohan Lal Madan, and its insurer.
According to the prosecution, in the early hours of April 26, 2023, Kapoor was riding his motorcycle home when the offending taxi hit him with considerable force near Vikas Marg in IP Estate, causing him to fall and sustain serious injuries. The taxi driver took him to the Lok Nayak (LNJP) Hospital.
"This tribunal believes that, based on the preponderance of probabilities, the petitioner has proven that the accident occurred due to the rash and negligent driving of the offending vehicle… and that, as a result of this accident, the petitioner suffered serious injuries," the presiding officer said in the order dated April 4.
The prosecution had provided a medico-legal case (MLC) of the petitioner that showed that he was brought to the LNJP Hospital in the morning hours of April 26, 2023, with a history of a road traffic accident. The prosecution had also provided the petitioner's disability certificate, which stated that he suffered from 100-per cent permanent neurological disability.
The tribunal dismissed arguments about the offending driver falsely implicating another person, as it found such claims "beyond comprehension," noting that Kapoor had no prior enmity with Madan to do so.
The tribunal also drew an adverse inference against the owner and driver of the offending vehicle, as they did not present any evidence to prove that they were not responsible for the accident.
While calculating the amount of compensation, the tribunal took into consideration that the petitioner was only 19 at the time of the accident, working as a representative in the operations team of a BPO, and had suffered 100-per cent functional disability, leaving him unable to work in the future.
The tribunal awarded Rs 2.72 crore to the petitioner as compensation, along with interest, covering various expenses, including Rs 90.3 lakh to cover attendant charges. The petitioner's family disclosed that, due to his bedridden and paralyzed condition, he had to be monitored by attendants around the clock.
The tribunal noted that the offending vehicle was insured at the time of the accident and directed IFFCO Tokio General Insurance Company Limited to deposit the compensation amount.