A 53-year-old Bhandup man was hit by a tanker on the national highway in 2016 while peeing, resulting in a bizarre accident that cost him his right leg. The Motor Accident Claims Tribunal has now awarded him Rs 2 crore (plus interest).
The man was traveling to Datiya in Madhya Pradesh with a friend when they pulled over to answer nature's call beside a dhaba on the highway. At that moment, the tanker approached from the incorrect direction. The man was a deputy general manager with an FMCG at the time.
"…although the petitioner did not experience a substantial loss of earnings, it is important to acknowledge that their earning potential has been clearly limited. It cannot be concluded that the petitioner did not lose his ability to make money given the nature of his profession and the problems he was facing. Conversely, it has been severely curtailed, if not completely eliminated," the panel declared.
The tribunal went on to state that even if his freedom of movement had been restricted while carrying out his tasks, it was fortunate for him that his employer had kept him on staff. "His performance has an impact on his earnings. Stated differently, he is unable to perform to the level he did prior to the injury, the tribunal declared, bestowing the medal.
As part of his settlement, the man additionally received Rs 1 lakh for unpaid services provided by his relatives.
The tribunal stated that the guy had a 50% permanent, incurable handicap and awarded more than a crore for the disability he had endured. Therefore, he needs the help of at least one person every day, preferably with a stick. His right leg was amputated, making it difficult for him to drive, climb, or carry out daily tasks. Furthermore, the tribunal stated that he must undergo routine follow-ups about his prosthetic.
In 2017, the victim filed a tribunal motion against Rakesh Sharma, the owner of the vehicle, and The Oriental Ins Co Lt., the insurer. The corporation is required to pay the compensation.
The events of October 18, 2016, occurred. After that, the victim was traveling from Gwalior to MP. His colleague recommended Datiya Hospital in Madhya Pradesh, and he was then taken to the city to receive treatment for a fractured right hip, following which his right knee was amputated below the knee. The tribunal determined that the tanker driver was responsible for the accident in question based on the evidence, which included the police files. The panel declared, "Petitioner had no role to play in contributing the same."
