1 week ago
Delhi Tribunal Awards Rs 56.87 Lakh for Permanent Disability
Dinesh Kumar was riding his two-wheeler in Delhi when he hit a bus door that suddenly opened.
The bus driver had not checked whether traffic was coming from behind.
Kumar was badly injured in the crash.
His left arm was permanently disabled by 75 per cent.
Because he is left-handed, the injury made everyday tasks and work difficult.
A tribunal decided that the bus driver caused the accident.
It ordered Go Digit General Insurance Company to pay Kumar Rs 56.87 lakh.
The money is meant to help with medical costs, lost earnings and the suffering caused by the injury.
The Motor Accident Claims Tribunal awarded Dinesh Kumar Rs 56.87 lakh for injuries suffered in a 2022 road accident.
Kumar, then 26, was riding a two-wheeler in R K Puram when a bus driver opened a battery-cover door into traffic.
The tribunal found the bus driver rash and negligent for failing to check oncoming traffic and for improperly parking the bus.
Kumar suffered 75 per cent permanent physical disability in his left arm, affecting daily activities and his ability to work.
Go Digit General Insurance Company was directed to deposit compensation covering future income loss, medical care, pain, suffering and other losses.
- Who
- Dinesh Kumar, a 26-year-old security guard, and the bus driver involved in the accident.
- What
- The Motor Accident Claims Tribunal awarded Kumar Rs 56.87 lakh after finding the bus driver negligent in causing an accident that left Kumar permanently disabled.
- Where
- R K Puram, New Delhi.
- When
- The accident occurred on October 27, 2022; the tribunal order was dated August 4 and reported on August 23.
- Why
- The tribunal found that the bus driver opened the battery-cover door without checking oncoming traffic and had improperly parked the bus.
Tribunal's Finding
Driver's Defense
Responsibility for the accident
Tribunal's Finding
The tribunal held that the bus driver had to check for oncoming traffic before opening the battery-cover door and was negligent for failing to do so.
Driver's Defense
The defense argued that Kumar should be attributed contributory negligence.
Road positioning and expectations
Tribunal's Finding
The tribunal said the bus was improperly parked and that a motorcyclist could not be expected to anticipate a door suddenly opening in moving traffic.
Driver's Defense
The driver's position, as presented in the rejected argument, sought to place part of the responsibility on Kumar.
Key facts
- Compensation
- Rs 56.87 lakh
- Injured person
- Dinesh Kumar, a 26-year-old security guard
- Permanent disability
- 75 per cent physical disability in the left arm
- Accident date
- October 27, 2022
- Tribunal finding
- The accident resulted from the bus driver's rash and negligent act
- Award recipient
- Go Digit General Insurance Company was directed to deposit the amount
- Compensation heads
- Loss of future income, medical expenses, physiotherapy, pain and suffering, interest, and loss of marriage prospects
Quotes
Motor Accident Claims Tribunal
The Delhi tribunal deciding Dinesh Kumar’s motor accident compensation claim
“A person is not only to be compensated for the physical injury, but also for the loss which he suffered as a result of such injury. This means that he is to be compensated for his inability to lead a full life, his inability to enjoy those normal amenities which he would have enjoyed but for the injuries, and his inability to earn as much as he used to earn or could have earned.”
theprint.in
“It is clear that the driver of the bus was duty-bound to check the oncoming traffic before opening the door/shutter of battery cover. The driver did not observe any precaution in that regard, and a motorcyclist cannot be expected to presume the sudden opening of the shutter/door of battery cover in moving traffic.”
theprint.in
Sources
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