New Delhi, Mar 24 A Delhi Motor Accident Claims Tribunal (MACT) has ordered paying over Rs 1.36 crore to a 21-year-old man who was amputated 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 along 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, operated upon and his left leg was 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," said the tribunal in its judgment dated March 23.
The tribunal noted 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 in respect of the factum as well as the manner of the accident could not be discredited during his cross-examination by the Respondents, nor the Respondents brought on record any evidence or reason to disbelieve the same," the tribunal said.
The tribunal also found the damage on both vehicles as cited in the mechanical inspection report to be consistent with the petitioner's account.
The respondent driver did not step into the witness box 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, needed to be operated upon and resulted in his left leg being amputated. 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 paying him Rs 1.36 crore as compensation under various heads, including future medical expenses which came up to Rs 77.95 lakh.
The petitioner proved that replacing a prosthetic limb once costs Rs 11.13 lakh and would require regular replacement every six to seven years.
Considering he was in his 20s, the court justified the large amount awarded for future medical expenses as it said, "Even assuming that average longevity of life is about 70 years, the Petitioner has to live a long life as a person with permanent physical disability and he would obviously be requiring 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.
