Skip to main content

Shock, pain factors in fixing accident relief: Tribunal

Besides injuries, other factors such as shock, pain, fear, trauma and agony of an accident victim too should be taken into account to determine compensation package, a motor accident claims tribunal said, awarding Rs 2.6 lakh compensation to a schoolgirl.

The matter relates to a road accident involving P Jasmin of Korrukkupet. On October 1, 2010, Jasmin, who was five years old then, was travelling in an autorickshaw in north Chennai when the vehicle dashed against a lorry. The girl was thrown off the vehicle and two fingers on her right hand had to be removed. Her father moved the tribunal seeking compensation from the vehicle owner C Sri Ram of Sowcarpet and its insurer United India Insurance.

The insurance company refuted compensation claims on the ground that the autorickshaw's fitness certificate expired a month before the accident, and its policy coverage too had expired. "The alleged injuries were superficial" and "the quantum of compensation sought was excessively high," said the company. It also said the lorry driver had not been impleaded in the proceedings.

Rejecting the arguments, judge J Chandran said as the girl's little and ring fingers had been amputated, resulting in her losing her hand's grip, she could not go to school with "fun, joy and enjoyment." Further, she lost her ability to participate in sports and her future career options were marred as she would not be fit for a job in uniformed services, he said.

Fixing the level of her disability at 10%, the court awarded her the compensation for future loss of income, pain and sufferings, extra nourishment, medical expenses and permanent disability.

If the vehicle owner did not renew the certificate of fitness, it was a breach of rules and he was solely liable to pay compensation, said the court, adding that United India could realize the amount from Sri Ram.

It was the autorickshaw driver, and not the girl, who was responsible for the accident, the judge said. He also rejected the argument that the lorry driver ought to have been impleaded as a party in the case.

 Article referred: http://timesofindia.indiatimes.com/Home/Lok-Sabha-Elections-2014/News/Shock-pain-factors-in-fixing-accident-relief-Tribunal/articleshow/33762161.cms

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more