The Bold Voice of J&K

Youth disabled in mishap granted over Rs 1.6 cr compensation

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New Delhi, Sep 19 (PTI) A compensation of Rs 1.62 crore has been awarded to a 22-year-old youth, who was reduced to a vegetative state after being hit by a rashly driven car in 2010, with the a Motor Accident Claims Tribunal (MACT) saying that no amount of money can restore the shattered life of the victim.

The tribunal directed Chola Mandalam MS General Insurance Company, insurer of the offending car, to pay a compensation of Rs 1,62,93,344 to victim Palak Sharma, an aspiring MBA student, who suffered 100 per cent permanent disability in the mishap while going for a yoga class.

“No money can restore the broken body and shattered life of the petitioner. However, an effort can be made and a reasonable compensation amount can be granted that could at least mitigate his sufferings and hardships to reduce the intensity of his pain, if not provide him bare minimum amenities of enjoyment of life,” MACT Presiding Officer Barkha Gupta said.

The tribunal, while awarding the compensation, considered that besides being a meritorious student, Palak was financially independent and was ambitious for his higher studies.

It also noted that for the victim, who was being kept alive by feeding through a pipe and nursing care round the clock, “there seems no probability of his recovery as he has suffered from 100 percent permanently disability.

“He is in a vegetative state and not in a position to look after himself in any manner.”

“…one has to keep in mind that the victim has done no wrong and has suffered at the hands of wrongdoer and court must take care to give him/her full and fair compensation for what he/she had suffered,” the tribunal said.

The tribunal relied on the testimony of an eye witness, saying, “The entire version of PW5 (eye witness), who is a very material witness, has remained unrebutted and uncontroverted by driver and owner of the car.”

According to the petition, filed by Palak’s father Ajay Sharma, on the early morning of March 12,2010, the victim was going with his friend on a scooter towards Maharishi Dayanand Park in Keshavpuram here for yoga class, when a rashly driven Innova car hit him.

Due to the impact, Palak and his friend fell down and were taken to a nearby hospital, where the victim was declared 100 per cent paralysed, it said.

Palak had cleared his MBA entrance and was working on a salary of Rs 30,000 per month.

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