A man, who lost a leg after the auto-rickshaw he was travelling in got hit by a negligently driven vehicle, has been awarded over Rs seven lakh compensation by a Motor Accident Claims Tribunal (MACT) here.
MACT presiding officer Naveen Arora directed the owner of the offending vehicle to pay Rs 7,31,000 to 33-year-old victim Madhav Singh after taking into consideration that he suffered 30 per cent disability in the mishap in which the auto-rickshaw in which he was travelling overturned after being hit by the negligently driven Gramin Sewa vehicle.
“He has suffered 30 per cent disability in relation to his right lower limb. Looking into the injuries and the nature of work he was doing, his functional disability is taken as 30 per cent for calculating the compensation towards future loss of income,” the presiding officer said.
The tribunal also awarded Rs 53,200 as compensation to autorickshaw driver Achche Lal who suffered six per cent disability in his right hand in the accident.
Vehicle owner to pay
The court fixed the liablility of paying the compensation on Sher Mohammad, the registered owner of the offending vehicle who failed to prove that he had sold the vehicle to Mohammad Arif.
“It is Sher Mohammad who is the present owner/user of the vehicle and it was his responsibility to get the vehicle transferred in his name on its purchase from a finance company, which he failed to do so.
“Sher Mohammad also failed to prove that he had executed valid documents of transfer in favour of Arif,” Arora said.
According to the petition, the accident occured on December 22, 2013 when Singh, a driver by profession, was travelling in an auto-rickshaw driven by Achche Lal that overturned after being rear-ended by the Gramin Sewa vehicle.
The tribunal observed “needless to say that if a vehicle hits another vehicle from behind and is unable to give any explanation for the same, he can be assumed to be guilty of negligence on the fact of it.” - PTI
