23-yr-old biker left disabled by accident gets Rs.6.4L relief
Chandigarh, Sept. 23 -- Nearly seven years after a 23-year-old man was left disabled post an accident with a van in Zirakpur, the Motor Accidents Claims Tribunal (MACT) in Chandigarh has awarded him Rs.6.47-lakh relief.
As per his petition, the victim, Rahul, a resident of Sector 20, Panchkula, was going home on his motorcycle on December 21, 2018, at 9 pm.
Two other people were riding with him as pillion riders. When they reached the old police station road, opposite to Gold Marka, Zirakpur, a van with a Punjab registration number came from the opposite side.
The van was being driven in a rash and negligent manner at a high speed and in the wrong lane, hitting his motorcycle.
The crash caused all three bike riders to fall on the road and suffer injuries. They were taken to PGIMER, Chandigarh, by the van driver, Sunil Kumar of Saketri, Panchkula. But he escaped later.
An FIR was subsequently registered at the Zirakpur police station under Sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others) and 427 (mischief causing damage to the amount of fifty rupees) of the Indian Penal Code (IPC) on December 23, 2018.
The victim claimed that because of the accident, he suffered multiple fractures on the right leg below the knee, head injury and one toe of his right foot had to be amputated. Due to this, he was unable to work anymore.
Sunil Kumar and the owner of the van, Pardeep Kumar of Zirakpur, alleged that no accident took place with their vehicle and a false FIR was registered against the driver. They alleged that the claimant concocted a false story to involve their vehicle to get a claim.
The insurance company of the vehicle also alleged thatthe claimant did not have a valid and effective driving licence at the time of alleged accident. Driver of the van also didn't hold a valid and effective RC, permit and fitness certificate at the time of alleged accident and in view of the above, the answering respondent cannot be fastened with the liability.
The tribunal, presided over by Ashwani Kumar, observed that the respondents didn't examine a single witness, the driver didn't appear in the witness box to rebut the case of the petitioner and prove his false implication.
He also observed that the claimant had placed the FIR on record and that the driver had faced a criminal trial.
"Keeping in view the facts and documentary evidence adduced by the claimant, he has proved that the accident in question took place due tonegligence of driver of the offending vehicle and caused grievous injury to claimant. So the claimant has every right to file and maintain the instant claim petition," the tribunal observed.
The compensation was calculated at Rs.6,47,932, taking into account the claimant's age and salary at the time of the incident. The driver, owner of the vehicle and insurance company are all jointly liable to pay this....
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