2 weeks ago
Delhi Tribunal Awards Rs 2.92 Crore Compensation To Disabled Man
A man named Nilmani was riding his two-wheeler when a car driven carelessly hit him.
He got very badly hurt — his spine was injured, so he could never walk or stand again.
A special court called a Motor Accident Claims Tribunal listened to his case.
The court said the car driver, Ramesh, was at fault.
It ordered the insurance company, IFFCO Tokio, to pay him more than Rs 2.92 crore.
The insurance company argued Nilmani was partly to blame because he wasn't wearing a helmet.
But the court said not wearing a helmet doesn't prove he caused the accident.
The company also said the accident was fake, but the court said the company waited too long to raise that claim.
The money will help pay for medical treatment, his lost future salary, and a helper to take care of him.
This way he can get the care he needs for the rest of his life.
Delhi's Motor Accident Claims Tribunal (MACT) awarded over Rs 2.92 crore to Nilmani Chauhan, a 32-year-old marketing executive.
Chauhan suffered 88% permanent disability after a car driven rashly by Ramesh rammed his two-wheeler on December 30, 2020.
The tribunal rejected the insurer's argument that not wearing a helmet amounted to contributory negligence.
It also dismissed IFFCO Tokio's fake-accident claim as belated, noting the company filed no complaint with the DCP.
The compensation covers loss of future earnings, medical treatment, and attendant charges, including interest.
- Who
- Nilmani Chauhan, a 32-year-old marketing executive, and Presiding Officer Abhilash Malhotra of the Motor Accident Claims Tribunal (MACT), Delhi.
- What
- The tribunal awarded over Rs 2.92 crore in compensation for the 88% permanent disability Chauhan suffered in a road accident.
- Where
- New Delhi (Delhi), India.
- When
- The accident occurred on December 30, 2020; the tribunal order is dated August 12, and the award was reported on August 16.
- Why
- Chauhan suffered a traumatic spinal cord injury leaving him unable to stand or walk and unable to perform his job as a marketing executive.
Tribunal / Victim's Position
Insurance Company's Position (IFFCO Tokio)
Not Wearing a Helmet
Tribunal / Victim's Position
Not wearing a helmet is a traffic offence but cannot be treated as contributory negligence without evidence that it caused the accident.
Insurance Company's Position (IFFCO Tokio)
The victim was negligent because he was not wearing a helmet at the time of the accident.
Fake Accident Allegation
Tribunal / Victim's Position
The fake-accident plea was raised belatedly; the insurer had an investigator's report but filed no complaint with the DCP or the magistrate.
Insurance Company's Position (IFFCO Tokio)
The case was a fake accident, and the insurance company should not be required to pay compensation.
Key facts
- Compensation awarded
- Over Rs 2.92 crore, including interest
- Claimant
- Nilmani Chauhan, 32-year-old marketing executive
- Disability
- 88% permanent; traumatic spinal cord injury with paraplegia
- Accident date
- December 30, 2020
- Tribunal
- Motor Accident Claims Tribunal (MACT), New Delhi
- Presiding Officer
- Abhilash Malhotra
- Insurance company ordered to pay
- IFFCO Tokio General Insurance Co Ltd
- Driver held responsible
- Ramesh, for rash and negligent driving
Quotes
Motor Accident Claims Tribunal (MACT)
Tribunal presiding officer Abhilash Malhotra
“The Tribunal said from the nature of injuries (‘Traumatic spinal cord injury with Paraplegia with Neurogenic Bladder’), it is clear that the injured will never be able to perform the job of marketing executive, which involves considerable movement, and the desk job will also be dependent upon the services of a full-time attendant.”
theprint.in
“Merely because the injured was not wearing a helmet, the same cannot be said to be ground for contributory negligence. A violation of traffic law cannot be said to be contributory negligence without any evidence in support showing that the violation has led to the accident.”
NDTV
theprint.in
Presiding Officer Abhilash Malhotra
Chief judge of the Delhi Motor Accident Claims Tribunal
“It is already proved on record that the lower body of the injured has become dysfunctional. He is dependent upon an attendant for passing urine as he cannot feel the same, and his employer stated that they are providing him salary on humanitarian grounds till the time this case is decided.”
theprint.in
Sources
Related news
Delhi Tribunal Awards Rs 56.87 Lakh for Permanent Disability
Delhi tribunal awards Rs 31.7 lakh for woman's amputated arm
Mumbai MACT Awards ₹22.32 Lakh To Engineer In 2019 Accident
Mumbai Tribunal Awards ₹8.15 Lakh to Kalina Crash Victim
Mumbai MACT Awards ₹5.01 Crore to Ghatkopar Businessman's Kin
Delhi tribunal awards Rs 32.74 lakh to dead biker's family
Eight-Year-Old Ansh Gupta Dies in Bandra SUV Crash
Bombay HC Disposes Marathi Cab Rule Plea After One-Year Extension
Two Women Killed After Car Rams Scooter in Baramati
PIL Challenges Maharashtra Marathi Requirement For Cab Drivers
