Legal Pay Equal Relief To Disabled, Normal Victims In Accident: Court

[rajneesh madhok]

New Delhi, July 18 (IANS) A disabled person cannot be granted less compensation than a physically fit person for injuries suffered in a road accident, the Delhi High Court has held.
The court said this while setting aside a Motor Accident Claims Tribunal (MACT) order which granted less compensation to a disabled accident victim on the ground that his one leg was already polio-afflicted.
Justice S.N. Dhingra said that the disability of a person at the time of accident need not be taken into consideration and compensation should be decided by the impact of the accident on the injured person.
“The tribunal was supposed to see the impact of the accident on the injured. Even if one leg of the injured was already suffering from post-polio residual paralysis, the other leg of the injured was quite healthy and functional with the result that the injured was able to earn his livelihood by working as a helper,” Justice Dhingra said.
The court increased the compensation from Rs.50,000 awarded to Shahid Ali by the tribunal to Rs.1.5 lakh for an accident in which his legs were fractured.
The tribunal had observed that the amount of compensation was sufficient as it was not a case where the injured had suffered permanent disability due to accident.
He was already suffering disability to some extent due to polio on right lower limb, the tribunal said.
“The accident crippled him totally and fractured his right leg, already partially dysfunctional. The left leg, which was healthy, was also made dysfunctional by the accident with the result that the injured lost the capacity to work,” Justice Dhingra said while increasing the compensation.

http://www.dailytimesindia.com/2010/07/142850.htm

Rajneesh Madhok

 

[spnadmin]

rajneesh madhok ji

You know this problem is attempted frequently until the courts step in. There is some kind of magical thought process at work that believes disabled people, old people, etc need less money than other people. Because they are already impaired? Invalidated? Less? Sometimes they actually need more because they are physically disabled or sick. Thanks for the post.

 

[rajneesh madhok]

Dear Narayanjot kaurji,
As per U.S. Census, there are 51 million people with disabilities means 18% people are disabled. Whereas in India more than 200 million people are with disabilities. Though the general public should care and love those people but they are being considered the matter of humor. As sometimes the person needs care more than food to stay alive.
We face such a problem daily in our routine life. They people need care. Because they have been impaired. The cause I could not understand till date. It may be due to the good or bad deeds of the person in last birth. As we see there are quite a number of children those have to face so many physical and mental problems. Our judiciary also don’t provide much benefit to the deprived lot. Though the compensation those people should be at least double from the general public as those people are physically unable to earn their livelihood and mostly are dependent on the family.
Thanks for your appreciation in the post.
Regards,
Rajneesh Madhok