Delhi Tribunal Awards ₹56.87 Lakh to Guard Disabled in R K Puram Accident
A Motor Accident Claims Tribunal in New Delhi has awarded ₹56.87 lakh in compensation to a 26-year-old security guard who suffered 75 percent permanent physical disability following a road accident in R K Puram in 2022.
Presiding Officer Abhilash Malhotra ruled in favour of the claimant, Dinesh Kumar, in a 58-page order dated August 4. The tribunal held that the accident was caused by the rash and negligent act of a bus driver who suddenly opened the vehicle's battery cover door into oncoming traffic.
The incident occurred on the night of October 27, 2022, when Kumar was riding his two-wheeler on a road in R K Puram. The driver of a stationary, improperly parked bus opened the battery cover door without checking behind for passing vehicles, causing Kumar's motorcycle to crash directly into the shutter.
Kumar sustained grievous injuries in the collision, resulting in 75 percent permanent physical disability in his left dextrous arm. The tribunal rejected arguments attempting to attribute contributory negligence to Kumar, observing that the bus driver was duty-bound to check oncoming traffic before opening the door and that a motorcyclist could not be expected to anticipate such a sudden obstruction.
The tribunal noted Kumar's submissions that the permanent disability severely impacted his daily life. As a left-handed person, the injuries left him unable to perform routine chores such as wearing clothes, lifting heavy items, or driving and riding, alongside leaving him unable to work.
Underlining the principle of compensation, the tribunal stated that an injured person must be compensated not only for physical trauma but also for the inability to lead a full life, enjoy normal amenities, and earn a livelihood.
The tribunal noted that while no amount of money could erase the agony, grief, and loss of confidence suffered by the victim, fair financial compensation helps alleviate the ongoing hardship.
The tribunal directed M/s Go Digit General Insurance Company to deposit the total award amount of ₹56.87 lakh. The payout covers multiple heads, including compensation for the loss of future income, medical and physiotherapy expenses, pain and suffering, loss of marriage prospects, and accumulated interest.
