New Delhi, Jul 28 (PTI) A Motor Accident Claims Tribunal (MACT) here has awarded a compensation of around Rs 14.58 lakh to a 45-year-old businessman who suffered permanent physical impairment after being hit by a rashly driven tractor-trolley in southwest Delhi.
The tribunal ruled that medical insurance payouts received by a victim are not deductible from the compensation.
Presiding Officer Shirish Aggarwal, who was hearing the claim petition of the victim, directed IFFCO Tokio General Insurance Company to deposit the amount, which included 7.5 per cent annual interest from the date of filing the claim.
According to the plea, the victim Rajesh Aggarwal was riding a two-wheeler when a tractor-trolley hit his vehicle from behind, the trolley wheel running over his right leg, crushing his toe and lacerating his ankle on June 5, 2017.
The victim was hospitalised twice; had to undergo skin grafting and suffered nine per cent permanent disability in his right leg.
In an order dated July 24, the tribunal citing a 2025 Supreme Court verdict, said that Rajesh is entitled to the full amount of medical bills even if part of the same were covered by the insurance.
The apex court had ruled that mediclaim or medical insurance is a result of a contract and payment of premiums, and stands on a different footing than statutory compensation for an accident.
Noting the evidence before it, the MACT said, “It stands proved on preponderance of probability that the claimant (Rajesh) suffered grievous injuries in the accident that took place due to rash and negligent driving of the offending vehicle.” During the proceedings, the insurance company said that the tractor-trolley was plying without a valid permit on a public road, and besides, the driver did not have a valid license, constituting a breach of insurance terms.
The tribunal then cited a 2018 judgment of the apex court, where it directed the insurance company to first pay the compensation amount to the respective claimants with liberty to recover the same from the owner of the offending vehicle.
It said, “The insurance company is held entitled to recovery rights of the awarded amount of compensation in the present case from respondent 2 or registered owner. The insurance company is first directed to deposit the award amount…” The total award includes compensation under various heads, such as loss of future income, medical expenses, loss of earnings during treatment and for pain, suffering, and loss of amenities. PTI MNR MNR MDO MDO
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