Accident victim claims Rs 5 lakh payout, gets triple

Mumbai: A 39-year-old man who claimed Rs 5 lakh as accident compensation for injuries he sustained in a motorcycle accident in 2018 was early this month awarded a compensation of Rs 15 lakh by a Motor Accident Claims Tribunal.

The tribunal said that though the claimant has restricted his claim to Rs 5 lakh, it has ample power to grant more compensation than the claim. Tribunal member AM Chandekar said the applicant had proved medical bills to the tune of Rs 9.70 lakh and that it appears he was in hospital for three months. Though no claim was made by the applicant for a special diet and conveyance, it said he was entitled to a total of Rs 50,000 for these.

On 1 October, 2018, the victim, Dinesh Rokade, was riding his bike with his wife as pillion at 10.30 pm near Dnyansampada High School in Govandi when their two-wheeler was hit from the rear by a speeding dumper. The couple fell due to the impact and the applicant sustained serious injuries. He was moved to Shatabdi hospital and thereafter to a private hospital and said he sustained a pelvic fracture and intra-abdominal bleeding among other injuries. He earned Rs. 20,000 at the time and is unable to perform his routine and natural functions he claimed.

The claim was against the dumper owner and the insurance company HDFC Ergo General Insurance. The insurer denied allegations in Rokade’s claim and said that he was responsible for contributory negligence.

A doctor who testified for Rokade told the tribunal that he had assessed the applicant’s disability to 84 percent permanent partial disability. The movement’s of his hips and right knee are painful and restricted and he is unable to squat, stand, climb stairs and stand for a long time, the doctor told. He added that Rokade was unable to perform day-to-day activities and work as before.

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