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Allahabad HC grants over Rs 23 lakh as enhanced compensation to accident victim

by AIP Online Bureau | Oct 10, 2024 | Eco/Invest/Demography, Indian News, Non-Life, Risk Management | 0 comments

“The Claims Tribunal had also failed to consider that on account of 100 per cent disability, the marriage prospects of claimant-appellant were substantially damaged and the claimant-appellant is subjected to frustration, disappointment, discomfort and inconvenience but nothing has been awarded in the aforesaid account to the claimant-appellant,” the court said

Payagraj: The Allahabad High Court has granted more than Rs 23 lakh as enhanced compensation to a woman who suffered permanent disability in a road accident 17 years ago.

The woman, who was a minor at the time of the accident, was earlier awarded a compensation of Rs 1,08,875 by the Motor Accidents Claims Tribunal.

Justice Vipin Chandra Dixit said 100 per cent disability of the claimant, Kumari Cheenu, damaged her marriage prospects.

“The Claims Tribunal had also failed to consider that on account of 100 per cent disability, the marriage prospects of claimant-appellant were substantially damaged and the claimant-appellant is subjected to frustration, disappointment, discomfort and inconvenience but nothing has been awarded in the aforesaid account to the claimant-appellant,” the court said.

It enhanced the compensation granted to Cheenu from Rs 1,08,875 to Rs 23,69,971.

The accident took place in 2005 when Cheenu was two years old. She was travelling with her family in a van, which was hit by a speeding truck.

Due to the accident, the girl became permanently disabled. Her mother had filed a petition before the Motor Accidents Claims Tribunal claiming a compensation of Rs 36,05,000.

In its order dated August 8, 2007, the tribunal held both drivers responsible for the accident and underlined that the driver of the van did not have a valid license.

The total compensation was assessed as Rs 2,17,715. However, Rs 1,08,875 was awarded after a 50 per cent deduction on account of truck insurance.

The order was challenged by the claimant in the high court.

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