Mumbai: 30-year-old biker who lost left leg in accident given Rs 72 lakh relief

MUMBAI: Pointing out that enjoyment of life, including married life, of a 30-year-old who lost his left leg after his bike was crushed by a speeding truck, has been greatly compromised, a Motor Accident Claims Tribunal awarded him a compensation of Rs 72 lakh (with interest).
The man from Andheri, Bharatchandra Bera, lost his 35-year-old friend who was riding pillion when the accident took place in 2012. In a separate order in 2019, his family was awarded a compensation of Rs 39 lakh by the tribunal.
Among the compensation components, Bera was awarded Rs 1.50 lakh for pain and suffering and Rs 2 lakh for loss of life’s amenities. “Due to the accident, injuries and amputation, applicant must have suffered great pain, trauma etc. Looking at the age of applicant, he has to bear the injury-related pain, suffering and trauma etc. for life. Because of the amputation, he cannot do many activities in life like a normal person,” the tribunal said.
In November 2013, Bera moved the tribunal against the truck owner Heera Devi and ICICI Lombard General Insurance Co Ltd. The accident took place around 2.30 am when Bera and his friend were on their way to Kalyan. He said the truck rammed into the bike from behind, leaving him with a mangled leg. His friend died on the spot. Bera had a restaurant business before the accident and claimed to be earning Rs 70,000. He said he had to shut his restaurant due to his disability. Bera sought a compensation of Rs 1.33 crore.
However, relying on records of income tax returns, the tribunal found that Bera’s monthly earning was around Rs 25,000. While he claimed he had no earning for three years after the accident, the tribunal said it was difficult to accept. “..applicant has not informed as to how he managed his domestic and medical expenses when he could not resume his business for three years,” the tribunal said. The tribunal pegged loss of future income at Rs 27 lakh.
It said it cannot be ignored that losing a limb is never easy. “Both mentally and physically, amputation negatively affects a person and inevitably changes the life as well as the lives of loved ones… Amputation is not just physical loss of a limb-it is also the readjustment of a person's very way of living and requires relearning how to do many things that were once second nature,” the tribunal said.