The tribunal directed the New India Assurance Company Ltd, with which the offending car was insured, to pay Rs 12,37,005 to Sidhhant Khanna who was hit by a Santro car while he was riding a motorcycle in east Delhi in 2009.
He had claimed a compensation of Rs five lakh after suffering disability in his right leg. "Respondent number 1 (driver) has not led any evidence and has remained exparte. The issue thus stands decided in favour of petitioner (Khanna) holding that the accident happened as a result of rash and negligent driving of the driver," MACT Presiding Officer Ravinder Bedi said.
The tribunal also took into consideration the first information report (FIR), mechanical inspection report and other documents, while deciding the case in Khanna's favour. It also relied on his disability certificate which stated that Khanna suffered 44 per cent permanent disability in his right lower limb.
"I assess that due to the injuries and critical condition, he has become unfit for many jobs because of disability suffered by him. "Considering the multiple operations including hip replacement as well as the post-operation follow up visits for about a year, the disability is taken as 24 per cent in relation to the whole body," the presiding officer said.
"For him, the best part of his life was yet to come," the tribunal said. According to the petition, on the evening of November 14, 2009, Khanna was riding his motor cycle and going towards Anand Vihar here when suddenly a Santro car, driven in a rash and negligent manner by its driver Sri Chand, hit him.
Due to the impact, Khanna fell down and sustained grievous injuries. He was rushed to a nearby trauma centre and after treatment it was stated that he suffered 44 per cent permanent disability. The car driver, through a written statement, denied the accident and alleged that it was due to Khanna's negligence that he suffered injuries.
The tribunal proceeded against the driver and owner ex-parte as they failed to appear in the witness box.