MACT presiding officer Naveen Arora directed the owner of the offending vehicle to pay Rs 7,31,000 to 33-year-old victim Madhav Singh after taking into consideration that he suffered 30 per cent disability in the mishap in which the autorickshaw in which he was travelling overturned after being hit by the negligently driven Gramin Sewa vehicle.
"He has suffered 30 per cent disability in relation to his right lower limb. Looking into the injuries and the nature of work he was doing, his functional disability is taken as 30 per cent for calculating the compensation towards future loss of income," the presiding officer said.
The court fixed the liablility of paying the compensation on Sher Mohammad, the registered owner of the offending vehicle who failed to prove that he had sold the vehicle to Mohammad Arif.
"It is Sher Mohammad who is the present owner/user of the vehicle and it was his responsibility to get the vehicle transferred in his name on its purchase from a finance company, which he failed to do so.
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"Sher Mohammad also failed to prove that he had executed valid documents of transfer in favour of Arif," Arora said.
The tribunal observed "needless to say that if a vehicle hits another vehicle from behind and is unable to give any explanation for the same, he can be assumed to be guilty of negligence on the fact of it."
The Tribunal awarded compensation to Madhav Singh after considering the disability, he being unable to participate in the normal activities, his age and the injury which affected his social and personal life.