New Delhi, March 24 A Delhi Motor Accident Claims Tribunal (MACT) has ordered the payment of over Rs 1.36 crore to a 21-year-old man who lost his leg in a "hit-and-drag" road accident in 2024.
Presiding Officer Pooja Aggarwal was hearing a claim petition filed by Ahthsham, who had been working as a delivery partner at the time of the accident.
On September 14, 2024, Ahthsham was travelling on his motorcycle near Majnu Ka Tilla, Delhi, when the offending truck hit his motorcycle from behind. He fell off along with his motorcycle, and the truck dragged him for three to four feet, resulting in grievous injuries.
He was initially taken to the Trauma Centre, Civil Lines, and then transferred to the Lok Nayak Hospital for treatment. He was admitted to the hospital for a month, underwent surgery, and had his left leg amputated.
"The accident took place when the Petitioner was driving his motorcycle, and the offending vehicle hit the same and did not stop before dragging the Petitioner for 3-4 feet. The act of a vehicle hitting a moving vehicle is itself indicative of the existence of rashness and negligence on the part of the driver," the tribunal stated in its judgment dated March 23.
The tribunal noted that the petitioner's testimony was "clear and unequivocal," as it was consistent with his statement taken soon after the accident to register an FIR under Sections 281 (rash or negligent driving) and 125(a) (acting rashly or negligently while endangering human life) of the Bharatiya Nyaya Sanhita (BNS) at the Civil Lines police station.
"His testimony regarding the facts as well as the manner of the accident could not be discredited during his cross-examination by the Respondents, nor did the Respondents present any evidence or reason to disbelieve the same," the tribunal said.
The tribunal also found that the damage to both vehicles, as cited in the mechanical inspection report, was consistent with the petitioner's account.
The respondent driver did not appear as a witness to explain the circumstances under which the accident took place, warranting an adverse inference from the tribunal.
The injuries sustained by the petitioner were grievous, requiring surgery and resulting in the amputation of his left leg. He was assessed to be 80 per cent functionally disabled, and his lower limb impairment was non-progressive and unlikely to improve.
The tribunal ordered the payment of Rs 1.36 crore to him as compensation under various heads, including future medical expenses, which amounted to Rs 77.95 lakh.
The petitioner proved that replacing a prosthetic limb costs Rs 11.13 lakh and would require regular replacement every six to seven years.
Considering that he was in his 20s, the court justified the large amount awarded for future medical expenses, stating, "Even assuming that the average lifespan is about 70 years, the Petitioner will have to live a long life as a person with a permanent physical disability, and he would obviously require an artificial/prosthetic limb for his entire life."
Since the offending truck was insured, the tribunal held the insurer, United India Insurance Co. Ltd, liable to indemnify the owner and directed it to deposit the award amount within 30 days.
