a day ago
Court Awards Rs 27 Lakh Compensation To Man Injured In 2019 Road Accident
New Delhi: A motor accident claims tribunal awarded Rs 27 lakh as compensation to a man injured in a 2019 road accident. The man, Prahalad Rai, was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed his vehicle on July 9, 2019.
The tribunal computed the total compensation under various pecuniary and non-pecuniary losses. It directed the insurer, United India Insurance Company Limited, to pay the entire compensation along with interest.
Presiding officer Shelly Arora stated that the psychological and emotional consequences of the injury diminished Rai's capacity to adapt to alternative employment or social settings, thus compounding the overall effect on his earning ability.
"Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50%concerning his earning capacity," the court, in an order dated June 4, said.
The tribunal stated that it was established that the accident occurred "on account of the speedy and rash driving" by the truck driver.
The court further said that according to the precedents of the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity due to functional disability, as it would result in non-objective and absurd compensation.
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"There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity," it added.
The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb. "This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy," it stated.
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