New Delhi: A Delhi Motor Accident Claims Tribunal has awarded over Rs 2.46 crore to a Marine Commando (MARCOS) diver who suffered 88 per cent permanent disability in a road accident in 2018, noting that his injuries have rendered him unable to pursue his profession or passion.
Accident Details and Injuries
The claimant, Lakhpat Singh, a marine commando and diver posted at INS Karna, was on short leave on December 25, 2018, when he was riding a motorcycle. A car driven rashly and negligently struck him from behind, causing grievous injuries that resulted in 88 per cent permanent disability affecting his pelvis, right upper limb, and right lower limb.
Singh, aged 23 at the time of the accident, had undergone rigorous training to become a MARCOS commando and was a professional diver. Presiding Officer Abhilash Malhotra, hearing the petition, noted in an order dated June 6 that the nature of injuries clearly shows Singh will no longer be able to function as a marine commando or diver.
Tribunal's Findings on Loss of Earning Capacity
The tribunal observed that Singh's service period was shortened due to the injuries. Currently, he works a desk job with the assistance of two attendants provided by the department. The court stated: "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."
Noting that Singh was a professional diver serving the Indian Navy, the tribunal highlighted that post-retirement he would have pursued a similar career, but due to the accident he cannot swim or perform any work related to his profession and skill. The tribunal concluded: "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."
Insurance Company's Stance and Compensation Award
The car's insurer, M/s Royal Sundaram General Insurance Company Ltd, did not dispute the aspect of rash driving by the car driver. The tribunal, underlining that the accident occurred due to rash driving, directed the insurance company to provide compensation of over Rs 2.46 crore under various heads.
The tribunal acknowledged that monetary compensation cannot alleviate the pain of disability or the loss of ability to pursue one's passion and dreams. It noted: "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."
Reminder on Road Safety
The tribunal used the case to emphasize the importance of road discipline: "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 warned that a callous approach behind the wheel can ruin lives and deprive the nation of valuable assets like Singh. The judge expressed hope that the compensation will help Singh lead a comfortable life while continuing to serve the nation in his limited capacity.
