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
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
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