Tribunal orders Rs 5L damages for injuries

Chennai

The petition was filed by R Panjalai, a resident of Thoraipakkam under Section 166 of Motor Vehicle Act and Rule 3 of MACT, claiming a compensation of Rs 6,85,000 for the injuries she sustained in an accident on November 5, 2014.

According to the petition, Panjalai was walking on the pedestrian path at RG Salai near Thoraipakkam signal when a van, which was driven in a rash and negligent manner, hit her, leaving her with grievous injuries.

The insurance firm, being the insurer of the van, denied the allegations. “The compensation claimed is highly speculative, excessive, inflated and baseless and the same ought not to be allowed,” read the counter.

The tribunal, after recording the submissions and first information report, held that it was due to the rash and negligent driving of the driver of the van that the accident had occurred.

The petitioner also submitted the disability certificate issued by the Regional Medical Board which fixed the permanent disability as 40% and it was accepted by the tribunal.

Recording the submissions, Judge V Sutha directed the insurance firm to pay Rs 5,07,300 with 7.5% interest rate from the date of numbering the petition. The tribunal has also asked the firm to deposit the amount within two weeks.

The compensation amount was fixed calculating her monthly income with 25% prospects, towards pain and sufferings, extra nourishment, loss of amenities and medical amenities among other things.