Insurance firm, bike owner, rider told to pay Rs 54L to pharmacist

The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company, owner and driver of a bike to pay Rs 54.12 lakh as compensation to a pharmacist, Narayan, a resident of Derabassi, who suffered total disability in a road accident.

Narayan had filed the petition through his wife Sunita Devi under Section 166 of the Motor Vehicles Act for compensation. The claimant said that on February 3, 2016, he, along with his wife and daughter, was going to Bhiwani from Chandigarh to attend the marriage of a relative. Around 3 pm when they were passing through Derabassi, his wife felt like vomiting. He stopped the car on a road side and turned on its parking lights to purchase oranges and other fruits for his wife.

Meanwhile, two young boys while driving a motorcycle at high speed rammed it into his car and thereafter hit him. Due to that he was thrown in air and suffered multiple grievous injuries on his head and other parts of the body. On account of the injuries, he started bleeding profusely and his daughter and wife rushed him to the nearest hospital. From there, he was referred to Government Medical College and Hospital, Sector 32, Chandigarh.

He said that the accident had taken place solely on account of rash and negligent driving by the rider of the motorcycle. He said that he was 55 years of age at the time of accident and was working as a pharmacist in the dispensary, HMT, Pinjore, at a salary of Rs 40,321 per month.

He said due to the accident he suffered grievous injuries and was operated thrice and remained admitted to the hospital for a long time. He claimed compensation of Rs 60 lakh along with interest @ 12% per annum.

The rider and owner of the bike claimed that no accident had taken place with the motorcycle and the police was helping the claimant. The insurance company also opposed the claim petition by saying that he himself had led to the accident by parking his car on the road.

After hearing the arguments the tribunal said that the claimant had been able to prove that he received multiple injuries in the accident. Since the claimant had suffered 100% disability on account of injuries received in this accident, he was entitled to receive Rs 54.12 lakh as compensation.