Permanent disability in accident: Youth gets over Rs 26 lakh

A 25-year-old youth, who became permanently disabled due to brain injuries suffered in a road accident involving a rashly driven motorcycle on which he was riding pillion, has been awarded a compensation of over Rs 26 lakh by a Motor Accident Claims Tribunal (MACT) here.
The tribunal, presided by K S Mohi, asked Oriental Insurance Company Ltd, which had insured the motorcycle, to pay Rs 26,46,500 to Delhi resident Arun Kumar, noting that he had suffered 100 per cent disability and his existence was mere "vegetative".
"The petitioner has sustained head injuries. He has become disabled. His life is now mere a vegetative existence. He needs full time attendant. He cannot move his hand and leg independently," the tribunal said.

In its order, the tribunal held that the motorcycle was being driven by Sushil Kumar in a rash and negligent manner.
"Thus, I am of the view that...Insurance company is liable to pay compensation for the above awarded amount (Rs 26,46,50) to the extent of liability to the insured," the presiding officer said.
Arun's wife told the tribunal that her husband was riding pillion on the motorcycle which Sushil drove in a rash and negligent manner without obeying traffic rules.

When they reached Jona Pur area of south Delhi, all of a sudden, Sushil lost his control and got imbalanced and they fell down on the road. Due to the impact, Arun received grievous head injuries.

Arun was rushed to AIIMS Trauma Centre where he remained admitted from August 10-29, 2012. An FIR was registered in this regard. The motorcycle was owned by one Pratap Singh.
The victim's family had approached the tribunal seeking Rs 50 lakh as compensation for the injuries sustained by him.
Sushil and Pratap, however, submitted before the tribunal that the accident occurred due to a car which overtook in a rash and negligent manner. Due to this, Sushil lost his control and the motorcycle fell down on the road.
The insurance company contended before the tribunal that three persons were riding on the motorcycle at the time of accident, that too without wearing helmets which was in utter violation of the provisions of the Motor Vehicle Act.

The tribunal, however, said no evidence was brought by the insurance company to show that there was any breach of policy by driver or owner of the motorcycle and it was being driven without having a driving licence.