20 years on, HC awards Rs 1.31 crore compensation to accident victim

The Punjab and Haryana High Court has called for a deep introspection within the legal system after pointing at its failure in delivering justice to an accident victim for more than two decades. The court awarded Rs 1.31 crore as compensation to the victim.

Taking up the case where an injured was deprived of rightful compensation for more than 24 years, Justice Sanjay Vashisth asserted that such delays defeated the very purpose of the Motor Vehicles Act, 1988. He observed that responsibility for such prolonged delay could not be pinned on any single entity but lay within the larger framework of justice delivery. The judicial system, the Bench noted, was required to engage in self-assessment and equip itself to ensure early decisions, particularly in cases involving sensitive subject matter.

“This case is a locus classicus wherein the injured-victim has been deprived of just compensation for more than two decades – a total of more than 24 years, awarding of which is the primary objective of the Motor Vehicles Act, 1988. Unfortunately, responsibility for such a delay cannot be fixed on anyone except our system, which requires introspection and self-assessment, to equip itself for making an early decision, especially in the cases which involve painful or sensitive subject matter,” Justice Vashisth asserted.

The accident, which took place on June 18, 2000, left a 16-year-old student with life-altering injuries. His left leg had to be amputated. The Bench noted that the victim was on a cycle from “Chandigarh to Dadu Majra” with a friend when a truck coming on the wrong side hit them near the CTU workshop.

Justice Vashisth observed that the victim had endured immense physical, emotional and financial suffering due to the prolonged legal battle attributed to systemic inefficiencies. Now in his 40s, the victim underwent multiple surgeries and was living with permanent disabilities. His ability to lead a normal life, pursue education and even perform basic bodily functions was severely compromised.

The Bench observed that the Motor Accident Claims Tribunal in September 2004 awarded the injured claimant a total compensation of Rs 7, 62,000 with 9 per cent interest per annum from the filing of the petition until realisation. Dissatisfied with the findings, the claimant filed an appeal before the High Court, which was admitted on August 30, 2005. Since the admission of the appeal, “no decision has been taken by the high court,” Justice Vashisth observed, adding that the case was delayed on various pretexts.

The matter was referred to the Lok Adalat, but a settlement could not be reached, “probably because the insurance company might not have agreed upon the amount proposed by the claimant”. At one stage, the case record was burnt, and the file had to be reconstructed.