HC upholds compensation to minor boy who passed away in coma after road accident in 2007

HC upholds compensation to minor boy who passed away in coma after road accident in 2007

Srinagar: The J&K High Court has upheld the award of compensation of Rs 18,55,000 to a minor boy who died in coma after he was injured in a road accident in 2007 in Anantnag.
Justice Sanjay Dhar upheld the compensation amount awarded by the Motor Accident Claims Tribunal, Srinagar, to a boy named Umar Ghulam Zargar who was rendered 100 percent disabled and who went into coma after a passenger vehicle he was travelling in met with an accident at KP Road, Anantnag, in the year 2007.
The judge said, “So far as the present case is concerned, in addition to 100% physical disability, the young boy was in coma and according to the doctor, such patients are kept in ICU or Rehabilitation Centres for years together. With this kind of condition, the injured should have been awarded more than what has been awarded by the Tribunal on account of compensation for pain and suffering and loss of amenities.”
“For the foregoing reasons, I have no doubt in my mind that the amount of compensation awarded by the Tribunal in favour of the injured is based on evidence on record and the same is not exorbitant. In fact, having regard to the nature of the injuries suffered by the injured, the compensation awarded by the Tribunal in favour of the injured is on a lower side,” Justice Sanjay Dhar recorded.
The counsel representing National Insurance Company Limited submitted before the court that the boy had passed away during the pendency of the appeal and as such the award is required to be slashed down after taking into account the fact that the future needs of the injured are no longer available.

Leave a Reply

Your email address will not be published.