The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 10.75 lakh to a student, who sustained major injuries in a road accident in March 2007 while he was returning home from school on a bicycle.
MACT member and Additional Sessions Judge SY Kulkarni in his order issued this week held that the owner of the offending dumper, Baliram Tandel, and the National Insurance Company were jointly and severally liable to pay the compensation to the victim with seven interest from the date of filing the claim.
The claimant Irshad Naeem Qureshi (then 10) represented by his father told the tribunal that it was on March 18, 2007 at about 16.25 hours that the applicant was riding his bicycle cautiously and in slow speed, by the side of road at Sector No 19, Koparkhairne.
When he was near Sai Baba Temple, suddenly a dumper came speeding in a rash and negligent manner and without giving horn or any indication, dashed against the applicant.
Thereafter the dumper ran over him, leaving him seriously injured.
Turbhe Police Station registered an offence for rash driving and a compensation of Rs 9 lakh was claimed from the dumper driver and insurer.
Discussing the claim the judge said, “Evidence discloses that the boy was studying in fourth standard in Marathi medium school. However, after accident his academic career has been severely and adversely affected and his educational career has been ruined because of the accident.
The applicant also deposed that his son has suffered severe physical disability. The injuries on his private parts and thigh have not been completely healed even after 7 years of the accident. As per evidence, his son will never be able to lead a normal life. Due to the disability he would not be able to get a job, the court was told.
On the compensation being granted to the victim the judge said, “In view of the evidence on record and deposition of the doctor that the disability assessed by him is permanent and it will not reduce with passage of time–the applicant is still taking OPD treatment and has two major problems (impotency and over?active bladder)– he has been put in loss so far as his marital prospect is concerned and therefore, I hold that the amount Rs 2,00,000 can be granted to the applicant towards loss of marital prospects.
In addition to this, the court said that after going through the evidence on record, one thing is clear that the injured being a minor and a student was not earning anything at the time of the accident