Tuesday, October 15, 2019

Photographer who lost arm in accident to get ₹52 lakh

TIMES NEWS NETWORK

Chennai:15.10.2019

The Motor Accidents Claims Tribunal, Chennai, has directed an insurance firm to pay up ₹52.46 lakh to a 23-year-old youth who lost his right hand after a truck hit his two-wheeler. The tribunal noted he was working as a photographer and the accident resulted in a permanent disability that will affect his livelihood.

The petitioner, Soundararajan, was driving his twowheeler from Arcot Salai towards Anna Salai when a truck hit his bike from behind near Kodambakkam bridge on June 25, 2016. In the impact, he suffered grievous injuries and had to be shifted to the Rajiv Gandhi Government General Hospital (RGGGH) for treatment. He underwent amputation of his right forearm and had to pay for further surgeries at a private hospital in Porur.

Following his discharge from the hospital, he moved the tribunal seeking ₹1 crore as compensation for loss of livelihood. Soundararajan, who was 20 at that time, was working as a photographer and a photoshop expert in a private company.

The insurance company, in its response, denied that the accident had occured due to the rash driving by the truck and contended that it was was due to negligent driving by the petitioner.

Soundararajan appeared before the Medical board, which assessed his disablity at 85%. The tribunal noted that the insurance company did not contest the assessment by the medical board and also pointed out that the FIR and other documents indicated that the truck was responsible for the accident.

Considering the functional disability and other factors such as loss of income and loss of marriage prospects, tribunal judge S Umamaheshwari held that the petitioner is eligible for a compensation of ₹52.46 lakh

The tribunal had turned down the petitioner’s claim for compensation and did not agree with his contention that his accident was caused due to the truck driver’s fault

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