Sunday, April 22, 2018

INSURANCE FIRM TO PAY VICTIM

HC enhances ₹20L relief to ₹45L for bilateral amputee

TIMES NEWS NETWORK   22.04.2018

Chennai: The Madras high court recently enhanced the compensation awarded to a bilateral amputee from ₹20 lakhsto₹45lakhs, ashehasto depend on another person even for day-today tasks such as to attend nature’s call.

R Nagaraj, 32, who was a cleaner-cum-load man for a mini lorry, sustained severe injuries in a road accident involving a Karanataka State Road Transport Corporation (KSRTC) bus and a two-wheeler in 2009.

The accident was reported on Hosur-Bengaluru Highways. Both his legs had to be amputated in the subsequent surgical procedures during treatment.

Three years later, the Motor Accidents Claims Tribunal, Chennai awarded a compensation of ₹20.9 lakh to the accident victim.

Following this, the insurance firm, New India Assurances Company Limited which was to bear the costs, filed a civil miscellaneous appeal with the Madras high court against the tribunal’s order.

Hearing this petition last week, the division bench comprising Justices N Kirubakaran and R Pongiappan enhanced the compensation to ₹45 lakhs, as he would not bein a position to moveon his own and has to depend on attendants even for nature’s calls for the rest of his life.

Referring to a Supreme Court judgement, the bench said that the enhanced amount includes ₹10 lakhs towards attendant charges and nursing expenses, and another ₹5 lakhs to Nagaraj’s wife for loss of material pleasure.

The high court bench asked the insurance firm to deposit the entire amount or due amount (if a compensation has been paid already), along withinterest,tothe victim’s bank account within four weeks from the date of receipt of the order copy.

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