A Motor Accident Claims Tribunal headed by Ms. Barkha Gupta,
Judge MACT, North West District, Delhi in its important judgment on 9th
September 2014 in Case No. 330/2010 titled as ‘Palak Sharma vs Amit Kumar and
others’ awarded a compensation of Rs.1.62 crore to the accident victim Palak
Sharma, to be paid by Chola Mandalam MS General Insurance Company. On the early
morning of March 12,2010, Palak (22 year old boy) was going with his friend on
a scooter towards Maharishi Dayanand Park in Keshavpuram here for yoga class,
when a rashly driven Innova car hit him. Due to the impact, Palak and his
friend fell down and were taken to a nearby hospital, where the victim was
declared 100 per cent paralysed. Palak had cleared his MBA entrance and was
working on a salary of Rs. 30,000 per month.
The tribunal noted that
besides being a meritorious student, Palak was financially independent and was
ambitious for his higher studies. Court noted that being kept alive by feeding
through a pipe and nursing care round the clock, there seems no probability of
his recovery as he has suffered from 100 percent permanently disability. He is
in a vegetative state and not in a position to look after himself in any
manner. One has to keep in mind that the victim has done no wrong and has
suffered at the hands of wrongdoer and court must take care to give him/her
full and fair compensation for what he/she had suffered. Court ruled that no amount of money can restore the
shattered life of the victim.
Click below to read the Full Text of the Judgment.
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