A Delhi Motor Accident Claims Tribunal has awarded over Rs 2.46 crore to a Marine Commandos (MARCOS) diver who suffered 88 per cent permanent disability in a 2018 road accident.
Presiding Officer Abhilash Malhotra was hearing the claim petition of Lakhpat Singh, a marine commando and a diver posted at INS Karna, who said that while he was on a short leave, he was riding a motorcycle when a car driven rashly and negligently hit him from behind, causing him grievous injuries on December 25, 2018.
Counsel for Singh said that his client, who was 23 years old at the time of the accident, suffered 88 per cent permanent disability.
In an order dated June 6, the court said, “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."
It said the nature of the injuries clearly shows that the petitioner will no longer be able to function as a marine commando or diver.
The tribunal noted that due to the injuries, the petitioner’s service period was shortened.
“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.
Noting the evidence before it, the tribunal said that Singh was a professional diver, serving the Indian Navy, and post-retirement, he would have made his future in a similar area, but he suffered 88 per cent disability due to the accident, and so he would not be able to do swimming or any other similar work related to his profession and skill.
“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 they were not disputing the aspect of rash driving by the car driver.
The tribunal then underlined that the accident had occurred due to rash driving by the car’s driver.
It then directed the insurance company to provide compensation of over Rs 2.46 crore to the petitioner under various heads.
Noting that Singh would never be able to pursue his dreams and swim again, the tribunal said that compensation in terms of money can never alleviate the pain that one suffers because of the disability and because one is not able to pursue his passion and dreams.
“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," the tribunal said.
“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.
It said a callous approach while 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.
