Mumbai: Refuting the insurance company’s argument that the victims were liable for contributory negligence because four people were riding on one motorcycle, a Motor Accident Claims Tribunal awarded a cumulative compensation of Rs 1.79 crore (inclusive of interest) to four members of a Govandi family who suffered permanent disabilities in a road accident in 2018.Among the victims was the then 27-year-old mother, a teacher, riding pillion with her two minor children. The mother lost her right arm, her two-year-old son lost his right leg, and her five-year-old daughter suffered from permanent facial disfigurement. “…the FIR is against Ravindra Yadav, i.e., driver of the motor truck, and not against the rider of the motorcycle. Accordingly, there is no contributory negligence on the part of the claimant, i.e., motorcycle rider. Thus, based on police papers, it is held that the accident occurred due to rash and negligent driving of the driver of the motor truck,” the tribunal held. The tribunal noted that both children would face difficulties in marriage prospects. “He (boy) would face difficulty in walking, playing sports, and his overall personality is impacted by the same. He would also face difficulties in marriage prospects,” the tribunal held. The fourth victim, the rider and the mother’s 25-year-old relative, sustained 46% permanent partial disability due to multiple fractures and crush injuries to his left upper limb. The tribunal directed Dipak Kumar, owner of the offending truck, and Cholamandalam MS General Ins Co Ltd, the insurance company, to pay the individual awards in four separate orders. The mother, Arsh Jahan, was awarded Rs 68.62 lakh, while her children got Rs 47.08 lakh and Rs 46.22 lakh, respectively. Her relative, was granted Rs 17.76 lakh.The family moved four separate claims before the commission in 2019. The collision occurred on Dec 6, 2018, when the family was travelling on a motorcycle near a bridge in Madhubani district of Bihar. A speeding truck struck their vehicle, causing severe, life-altering injuries to all four. The tribunal held that the evidence, including the police reports, confirmed the incident was the direct result of the truck driver’s rash and negligent actions. Among those on the bike were Arsh Jahan, her children Mohd Moinuddin and Ayesha Jahan and relative Mohd Rajaullah who worked in an automobile show room at Reay Road.Arsh Jahan sustained 88 permanent partial disability. Due to the severity of these injuries, she required extensive hospitalisation and ongoing prosthetic maintenance. In its assessment, the l tribunal noted, “Taking into consideration the serious of injuries ie amputation, it is found fit to grant compensation towards special diet and conveyance. It is also observed that the prosthesis has to be changed every five years.” Her daughter sustained severe head and facial injuries, including a fracture of the occipital bone, resulting in permanent facial disfigurement and a 38 percent disability. About the long-term consequences, the tribunal stated, “As she has sustained head injury, facial injury and fracture of occipital bone resulting in deformity, scaring of face and disfigurement it would have adverse impact on her personality as well as marriage prospects. The tribunal also found that the injuries suffered by Rajaullah, the rider of the motorcycle would significantly impair his future job prospects.The awards for the two minor children have been ordered to be deposited in fixed deposits in a nationalised bank until they reach the age of majority.
