Minor girl gets over Rs 24 L compensation in road mishap case

An 11-year-old girl, whose one leg got amputated in a road accident involving a dumper in 2011, has been awarded a compensation of over Rs 24 lakh by a Motor Accident Claims Tribunal (MACT) here.
MACT Presiding Officer Anoop Kumar Mendiratta directed HDFC ERGO General Insurance Company Ltd, the insurer of the offending vehicle, to pay the amount to central Delhi resident Divya Sharma on the ground that she suffered 70 per cent permanent physical impairment in her right lower limb.
"In the present case, the petitioner has suffered 70 per cent permanent physical impairment in relation to her right lower limb...The functional disability suffered by the girl is taken as 50 per cent qua the entire body," the tribunal said.

According to the petitioner, on September 2, 2011, Divya, who was on her way to school on her bicycle, was hit by a dumper which ran over her leg and crushed it. She suffered amputation of her right leg below knee.
The vehicle's owner and driver failed to rebut the charges and the tribunal held that the accident took place due to negligent driving of the dumper's driver.
The insurance company disputed the compensation demanded by the girl and contended that the amount claimed was stated to be excessive and exorbitant.
The presiding officer said, "Since the negligence has to be decided on the touchstone of preponderance of probability, the accident has been proved to be caused due to rash and negligent driving of offending vehicle."

The tribunal after examining various factors like the age of the girl, her future marriage prospectus, pain, future medical expenses and other factors, awarded Rs 24,77,104 to her.