Delhi Motor Accident Claim Tribunal awards house help Rs 44.7 lakh in accident damages

NEW DELHI: The Delhi Motor Accident Claim Tribunal has awarded Rs 44.7 lakh as compensation to a domestic help who was left with 82% permanent disability after a car accident in 2018.
The petition filed by the survivor, Sangeeta, said that on August 5, 2018, a car at high speed hit her on a footpath in Mahindru Enclave area of Delhi around 10 am, leaving her with grievous injuries all over her body.
The tribunal said Sangeeta's injuries were caused because of rash and negligent driving. It also said that it was not in dispute that the vehicle was insured with the insurance company on the date of the accident.
The court also relied on the statement of Dr Ashutosh Gupta, who told the tribunal that the petitioner suffered permanent disability up to 82% in her right upper limb and right lower limb. The doctor told the tribunal that Sangeeta could never normally discharge her duties because of her disability.
Motor Accident Claim Tribunal presiding officer, Ekta Gauba Mann, awarded the compensation in an order dated May 4. "In view of the above and since the respondent's insurance company has failed to establish any statutory defence, it is liable to indemnify the owner or insured and to pay compensation to the petitioner." After the accident on August 5, 2018, the car's driver, Chandan Ram Yadav, fled the spot. Sangeeta was rushed to a hospital.
Later, while the legal proceedings were on, the driver and owner filed separate written statements stating that the accident had not been caused due to the negligence of the driver, but due to Sangeeta's negligence. The insurance company in its reply did not dispute that the offending vehicle was insured with it on the date of the accident. However, it disputed the identity of the driver, claiming that the accident was caused by the son of the owner and denied its liability on certain other technical grounds.