New Delhi [India], March 17 : A Delhi Court on Friday awarded a compensation of more than Rs one crore to Tamanna Sharma, a resident of Haryana's Gurugram, who met with an accident in December 2016 and had multiple injuries all over the body.
She lost her right leg in the accident caused by the negligent driving of the DTC bus driver.
She has suffered 80 per cent permanently disabled in her right limb after the accident. Her right leg had come under the front tyre of the DTC Bus and could not be saved during the treatment.
At the time of the accident, she was 22 and a student in her MSc second year.
The Motor Accident Claim Tribunal (MACT) Presiding Officer Ekta Gauba Mann awarded a compensation of Rs. 1,04,62,000 and directed the public sector insurance company to pay the same within 30 days.
The Court said that the insurance company is directed to pay Rs 1,04,62,000 to the petitioner as compensation within 30 days from today failing which, it would be liable to pay further interest at the rate of 9 per cent per annum on the amount of Rs 69,38,467 from the date of award till its realization.
Interim amount, if any paid to the petitioner be deducted from this amount.
The Court said petition is allowed and an award of Rs 1,04,62,000 which includes 67 months and 21 days interest at the rate of 9 per cent per annum from the date of filing the petition till the date of award is passed in favour of the petitioners and against the insurance company.
The Court said that admittedly the vehicle was insured. However, Insurance Company has taken certain technical pleas, but no witness has been examined nor any document has been placed on record to support the contention of its counsel and admittedly it has no statutory defence.
The victim had filed a petition against Driver Rakesh Kumar, Delhi Transport Corporation (DTC), United India Insurance company seeking a compensation of Rs two crores.
The petitioner is of 22 years of age and was a student of MSc second year. She was earning a monthly income of Rs 20000 by imparting tuition. Due to the grievous injuries inflicted in the accident, she was in the hospital for 14 days.
In brief, the facts of the case are that on December 28 in 2016, the petitioner and her grandmother were returning from Narela to Bahadurgarh on a DTC bus and at about 8.30 in the morning, they de-boarded the said DTC bus but driver Rakesh Kumar of said DTC bus without caring for the passenger started the bus in rash and negligent manner and in a hurry.
As a result of which, the right leg of the petitioner came under the front wheel of the said DTC bus. The petitioner suffered multiple grievous injuries all over her body. She was taken to R.J. Super Specialty Hospital, Bahadurgarh, for treatment.
It was stated in the petition that during the treatment her right leg could not be saved and she spent more than Rs 10 lakh on her treatment, medicines, conveyance charges, attendant etc. and she required Rs 6 lakh for her future medical treatment.
The petitioner has claimed a total compensation of Rs 2 crores on various heads.
Respondents' driver and DTC in their joint written statement stated that Rakesh Kumar was not driving the vehicle negligently and it is a false case against them. Their vehicle was duly insured
and they have all valid documents. They denied all other facts of the accident.
Though the Insurance company had not disputed the accident and the fact that the vehicle was duly insured with it on the date of the accident.
However, it has taken the plea that in case it is found that there is any breach of terms and conditions of the insurance policy, then it is not liable to pay any compensation.
It was further alleged that the accident had occurred due to sole negligence on the part of the petitioner herself. The Insurance Company had denied its liability on certain other technical grounds as well.
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