Solatium of ₹48 lakh for teen in vegetative state since accident

The Class IX student was hit by a van in 2012 while on his way to the market

January 11, 2019 01:53 am | Updated 01:55 am IST - New Delhi

A Motor Accident Claims Tribunal (MACT) has granted a compensation of ₹48.87 lakh to a 14-year-old Class IX student who is in a vegetative state after being hit by a van in 2012.

The victim was pillion-riding a bicycle with his friend near a school when the van hit them from behind. They were going to a nearby market from the victim’s residence when the incident happened.

Father’s evidence

The father of the victim said in his evidence that his son had suffered permanent disability, is completely bedridden and in a state of coma. Despite being a bright student, his career ended after the accident. Further, the father submitted that he had to spend all his savings on his son’s treatment and the doctors had said the treatment will continue for the rest of his life.

The driver of the vehicle denied all allegations raised by the petitioner.

He also claimed that some other vehicle had hit the boy and the driver of the vehicle had fled the spot after the incident.

The owner of the vehicle did not file a written statement in response to the claim petition.

Granting the compensation, MACT Presiding Officer Sameer Bajpai said: “The statement of the father of the injured [boy], the medical record, including the disability certificate, photographs of the injured and the opinion of the doctor give a clear picture of the worst physical and mental condition of the injured. As per the record and statement of the doctor, the injured cannot move and is completely bedridden. He cannot even feed himself and cannot be fed by others in a normal way but only through jejunostomy [an artificial opening created for feeding]. Further, according to the doctor, the injured will be dependent on medicines and food supplements till his survival. In the opinion of the doctor, the injured will not be cured in future unless some miracle happens.”

“In view of my findings, I award ₹48,87,600 to the injured as compensation along with interest of 9% per annum from the date of filing the petition till its realisation,”said Mr. Bajpai.

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