Amputation of Right Hand due to Accident Caused by UPSRTC Resulted in Appointing Driver: Delhi HC upholds MACT Order Granting Compensation [Read Order]

The Delhi High Court upheld the order of the Motor Accident Claim Tribunal (MACT) granting compensation as the accident caused by Uttar Pradesh State Road Transport Corporation (‘UPSRTC’) resulted in the amputation of the right hand of the claimant which resulted in engaging the driver for his travelling. The UPSRTC and the Claimant-Shri Jitender Kumar Rana, respectively challenged the Award (‘Impugned Award’) passed by the Motor Accident Claims Tribunal, Delhi ( ‘Tribunal’). The appellant along with his friends was coming from Allahabad to Delhi in a bus bearing registration no. UP-70DT-0132 (‘Offending Bus’) driven by Shri Ravinder Kumar Dwivedi (‘Driver’) and owned by the UPSRTC- appellant. It was stated that the driver of the Offending Bus was driving the same at a high speed and in a rash and negligent manner, as a result of which, when the said Offending Bus reached Mourya Petrol Pump, PS Bichhua, Mainpuri, Eta, Uttar Pradesh, it collided with another Roadways Bus, with the other bus scratching past the Offending Bus. The Claimant was sitting on the window seat behind the driver near the emergency gate. The emergency gate was not properly bolted/fixed. In the accident, the Claimant sustained grievous injury and amputated the right hand of the claimant. The Claimant was working as a typist for various advocates at the Tis Hazari Courts, Delhi. Sought for compensation for the injuries suffered in the road accident. In the accident, the Claimant sustained grievous injury. As a result of the accident, the right hand of the claimant was amputated to the shoulder. The Claimant pleaded that he was working as a typist for various advocates at the Tis Hazari Courts, Delhi. He filed his claim seeking compensation for the injuries suffered in the road accident. Based on the evidence, the Tribunal has held that the claimant had been able to prove that the accident had taken place due to the Offending Bus being driven in a rash and negligent manner by its driver and awarded compensation to the Claimant. The appellant challenged the award of compensation of Rs.1,20,000/- to the Claimant on account of the expenses incurred by the Claimant on engaging a driver for two years. The counsel for the UPSRTC submitted that the Tribunal has erred in granting an amount of Rs. 1,20,000/- on account of the expenses incurred by the claimant for engaging a driver for two years in addition to awarding the amount under the head of conveyance charges and also towards future loss of earnings. He submitted that this leads to duplicity of compensation under various heads for the same purpose. On the other hand, the counsel for the claimant submitted that the claimant has one car and he has kept Mr. Ranjeet Singh as a driver on a monthly salary of Rs.9,000/-per month. He submitted that the claimant cannot drive the vehicle after the amputation of his right hand and he needs the services of a driver for moving from one place to another. A single bench of Justice Navin Chawla observed that the Claimant has been able to prove that as the Claimant could not, by himself, drive the vehicle/car due to the injuries suffered by him in the accident, he was forced to hire the services as a driver to take the Claimant and his children around. This is an additional expense that the Claimant has been forced to incur due to the injury suffered by him and he deserves to be compensated for the same. The same cannot be said to be a duplication of the conveyance charges granted for the period of treatment; the two relate to different periods. The Court directed to release the amount deposited by the UPSRTC in favour of the claimant as per the scheme of disbursal stipulated in the Impugned Award by the Tribunal. Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates

Amputation of Right Hand due to Accident Caused by UPSRTC Resulted in Appointing Driver: Delhi HC upholds MACT Order Granting Compensation [Read Order]

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