A Delhi motor accident claims tribunal has awarded more than Rs 2.46 crore in compensation to a Marine Commandos (MARCOS) diver who suffered 88 per cent permanent disability in a road accident.
Presiding officer Abhilash Malhotra was hearing a claim petition filed by Lakhpat Singh, a marine commando and diver posted on INS Karna, who said while on short leave, he was riding his motorcycle when a car, allegedly driven rashly and negligently, hit him from behind on 25 December 2018, leaving him with grievous injuries.
Counsel for Singh submitted that his client, who was 23 at the time of the accident, sustained 88 per cent permanent disability.
In its order dated 6 June, the tribunal observed: "From the evidence on record, it is clear that the petitioner (Singh) was a MARCOS diver who had done various courses for underwater diving to become a commando. He had suffered 88% disability in his pelvis, right upper and lower limbs."
The tribunal said the nature of Singh's injuries made it clear that he would no longer be able to serve as a marine commando or diver. It also noted that his injuries had effectively curtailed his service career.
"It is informed that the petitioner is currently doing a desk job with the help of two attendants provided by the department and will not be able to do any other work due to the nature of the injuries," the tribunal said.
Referring to the evidence on record, the tribunal noted that Singh was a professional diver serving in the Indian Navy and, after retirement, would likely have continued working in a similar field. However, because of the 88 per cent disability caused by the accident, he would no longer be able to swim or undertake any work related to his profession and specialised skills.
Delhi repeat in Kerala: Biker dies after falling into open pit, govt orders probe"The petitioner is restricted to a desk job, which he can do with the help of two attendants. In these circumstances, it is clear that the petitioner will not be able to pursue his profession and skills due to the nature of injuries and has suffered 100% loss of earning capacity," the tribunal said.
The car's insurer, M/s Royal Sundaram General Insurance Company Ltd, said it was not disputing the allegation of rash and negligent driving by the driver. The tribunal subsequently held that the accident had occurred due to the rash and negligent driving of the car's driver and directed the insurer to pay Singh compensation of more than Rs 2.46 crore under various heads.
Observing that Singh would never again be able to pursue his dream of serving as a MARCOS diver or even swim, the tribunal said no amount of money could truly compensate for such a loss.
"As per the record, Lakhpat Singh has undergone various rigorous training to become eligible as a MARCOS commando, but due to this unfortunate accident, his life has taken a complete turn, and he is restricted to a desk job and has become dependent on attendants," it said.
The tribunal added that the case served as a reminder of the need for greater vigilance and discipline on the roads. "This reminds us of our duties to be more attentive and vigilant on the road while driving. Due to an astronomical increase in the density of vehicles on the road, a much higher level of attention and discipline is required while driving," it said.
The tribunal further observed that a callous approach to driving "may not only ruin someone's life but also deprive the country of assets like Singh".
"I am hopeful that the compensation provided to him in this award will help him in leading a comfortable life, and he will keep on serving the nation," the judge said.
With PTI inputs
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