A 24-year-old woman constable with the CISF who suffered permanent disability after being hit by a rashly-driven bus has been awarded a compensation of over Rs 12 lakh by a Motor Accident Claims Tribunal (MACT) here.
The tribunal directed New India Assurance Insurance Company Ltd, insurer of the offending bus, to pay Rs 12,69,034 to the victim, who was hit by the vehicle while crossing the road in 2010.
MACT Presiding Officer Kiran Bansal, while deciding the petition in favour of Sunita Kumari, noted that her promotion was due in 2012 but she could not get it due to 41 per cent permanent disability suffered by her in the accident.
According to the petition, on the night of November 26, 2010, Kumari was coming from Pragati Maidan here to her hostel in Shastri Park, when the rashly-driven bus hit her.
Due to the impact, she fell on the road and sustained multiple fractures, it said, adding she remained admitted in hospital for three months and could not perform her duty for eight months.
"She was a constable in CISF and for further promotion, medical fitness is required. In all the 'forces' including Delhi Police, if a person is physically fit, certainly he will get the promotion as per the service rules.
"The woman received 41 per cent permanent disability on left leg. She is continuing in the same service, however, due to the disability received, certainly she will not get further promotion," the tribunal noted.
During the proceedings, the driver of the bus denied the contents of the petition and the insurance company admitted that the insurance policy of the offending bus was valid.
Dr Major Mohit Mittal from the Navy hospital in his
deposition before the Tribunal, placed the entire medical record of the deceased including the ultrasound reports of her abdomen, case summary, post mortem report dated October 5, 2008 besides the hospital admission slip and medical certificate of cause of death.
At the time of accident, the patient was pregnant and the foetus was six weeks old. They had to medically terminate the pregnancy because of the poor condition of the patient and the chances of her contracting septicaemia. The death of the patient occurred due to the accident, he told the Tribunal.
The Tribunal was also told that the victim underwent some surgeries in the Thane Civil hospital which failed and finally she was referred to their (Navy) hospital.
During the course of admission, the patient showed no signs of improvement. She developed high grade fever and fungal infection of the open foot wound. Thereafter, there was a drop in her WBC count and due to fungal infection, she died.
In Mittal's cross examination he deposed that the root cause of death of Trupti are the injuries sustained by her in the accident.
Advocate Tillu also told the Tribunal that after the claim was filed, the applicant was rendered blind due to a road accident while driving a two-wheeler in 2014 and the death of Trupti had rendered the applicant child in a much more unfortunate condition.
"In view of the conclusion that the mishap resulting in the death of Trupti was due to rash and negligent driving of the driver, the owner of the bus and the insurance company they both are jointly and severally liable to pay the compensation amount along with interest of 9 per cent per annum. The amount of Rs 16 lakh is to be divided equally among the father and son," the Tribunal ordered.
The compensation includes Rs 10.30 lakh towards dependency, Rs 2 lakh for loss of love and affection, care and guidance for applicant boy and Rs 1 lakh towards loss of consortium for the first applicant (the jawan).
