Businessman disabled in 22-year-old case gets Rs 87 lakh compensation for his family
Suspense Crime, Digital Desk : The family of a businessman who was grievously injured in a road accident and was rendered 100 percent permanently disabled has received a major relief from the Punjab and Haryana High Court. The High Court has enhanced the compensation awarded by the Motor Accident Claims Tribunal, Jind (MACT) in the 22-year-old accident case to Rs 87.66 lakh.
The MACT had awarded compensation of Rs 24.86 lakh whereas the High Court has ordered an additional sum of Rs 62.80 lakh and nine per cent interest annually. Accepting the appeal filed by legal heirs of the accident victim, Shyam Sunder Gupta, Justice Sudipti Sharma observed that the accident not only crippled the victim, but also ruined his livelihood and the life which he otherwise would have led, therefore a just and fair compensation ought to be given to him and his dependents.
According to the records, Shyam Sundar Gupta was severely injured in a road accident that took place on November 26, 2003. He sustained injuries to his spine, hip, leg and other body parts and was declared 100 percent permanently disabled after being examined by doctors. The businessman could not move himself without any assistance, as he remained dependent for all activities of life. Following the accident, he remained under treatment at several hospital across the country. He died in 2015 as he remained bed-ridden for about 12 years.
The High Court has stated that several factors that had to be taken into consideration while computing the compensation amount were not addressed by the tribunal. The monthly income of the accident victim was determined at Rs 10,855 considering his income tax return and future earning possibilities and subsequent calculation on the basis of future earning with 100% functional disability.
A sum of Rs 1.5 million was awarded to the victim towards pain and suffering, Rs 800,000 on account of nursing services, and a sum of over Rs 3.5 million on account of medical expenses, special diet, transportation expenses, deprivation of amenities of life and special equipments. "Since, the accident has stripped him of his ability to lead an independent and dignified life, it cannot be offset by compensation only on account of medical expenses. It is now widely recognized that a substantial compensation needs to be paid towards non-pecuniary losses in such cases," stated Justice Sharma.
The High Court also clarified that after the death of the injured, compensation for medical expenses, pain and suffering, and other things also goes to the legal heirs as it becomes a part of his estate. On this premise, the court has directed the Insurance Company, the ROP, and the other parties to deposit the enhanced compensation money within a period of two months.
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