The Hindu : New Delhi News : High Court returns compensation case to Tribunal for reconsideration

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Thursday, Apr 14, 2011
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High Court returns compensation case to Tribunal for reconsideration

Staff Reporter

“Presiding officer had failed to apply his mind and follow the guidelines”

NEW DELHI: Observing that the Motor Accident Claims Tribunal (MACT) presiding officer had failed to apply his mind and follow the guidelines for fixation of compensation for a motor accident victim, the Delhi High Court has sent back a compensation case for reconsideration.

Accident victim, Sagar Garg, who was seven at the time of the accident in 1999, had reached the High Court through his father in an appeal against a MACT which had granted a compensation of Rs.4 lakh to him for the “pain and suffering” he had gone through following the accident.

No compensation for artificial leg

The Tribunal had given no compensation for the implant of an artificial leg recommended by the doctor, medical treatment and prospective economic losses.

Sagar's right foot had to be amputated after being crushed by a DTC bus.

His father is a Class 1 gazetted officer.

Sagar was in Class II at the time of the accident.

In the appeal, the appellant argued that while fixing the compensation amount, the Tribunal did not take into account the costs of treatment he would have to bear and future economic losses he had to suffer due to injuries in the accident.

In the appeal, he had sought a compensation of about Rs.1.5 crore for implant of an artificial limb to the amputated leg, treatment costs and for future expenses on his living.

Remanding the case, Justice M.C. Garg said, “The judgment delivered by the Tribunal does not show application of mind in having bifurcated pecuniary damages and non-pecuniary damages. The judgment also does not make any reference to head-wise claim available to the appellant.”

Justice Garg asked the appellant to lay evidence before the Tribunal in support of the expected costs on the implant of the artificial leg.

The Tribunal shall fix a fresh compensation, if desirable, without disturbing the compensation already awarded, the Court ordered.

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