Accident case ; whether vehicle insurance company is liable to compensate for permanent disablement
Sir/Mam
Being from a legal side myself , i am very much confused in the legal aspects of a personal case.
The facts are as stated below :
1. My Uncle was on a trip of yatra (devi darshan) of 13 days in Himachal Pradesh.
2. yatra was organised by a mandli who charged Rs 5000 for the trip of 13 days including several religious places with accommodation facilities as well as transport, food , e.t.c
3. While travelling towards Manikaran (H.P) , near the area Mandi , my uncle was sitting on the left most back corner seat of the bus while doing kirtan and suddenly along side the … a few big stones fell and directly hit the window where he was sitting and a few stones came beneath the Tyre of the bus and with god’s grace the bus was saved from going into the river. But the accident trapped 8 people in itself who suffered minor injuries but my uncle’s hand was massively damaged.
4. the Doctors at the hospital in Mandi could not handle the case hence they referred him to PGi Hospital, Chandigarh where after analyzing the doctors decided to cut his hand from shoulder to save his life as all the veins were dead by then and multiple fractures were there including shoulder completely damaged. Thus hand was removed via surgery day before yesterday. Now he is completely disabled from his left hand.
5. Now the driver of the bus has immediately got his vehicle rectified without taking claim from the insurance company.
6. Now unfortunately, my uncle does not posses any LIC’s with him so to have some financial benefit as his financial position is not good being from a middle class family.
7. Kindly tell as to whether he can raise any claim against the insurance company by which the bus is insured ? + Can any claim be raised against the Mandal who took the amount of Rs 5000 as yatra fee or can any claim be raised against the transporter whose bus it was ?
8. Now if yes which jurisdiction will lie as :
(a) My uncle is based in Delhi having his job in Delhi.
(b) The Transporter is based in Uttar Pradesh.
(c) The accident took place in Mandi (Himachal Pradesh)
I request all the experts of Law field to please give their suggestions as i am totally confused since there are several issues involved in this case as stated above. Please convey your suggestions. I will be highly obliged for your kind consideration.
Ankur Bhasin
(Law Intern)
M - 9811096163
1 Reply
Hey, Ankur I can give u the first hand knowledge about it. First of all, yes he can make a claim from the insurance company who insured the bus. The jurisdiction will be Delhi as he is a resident of Delhi.
Only thing is that do preserve all the necessary bills and Specially MLC (Medical Leaving Certificate) the certificate should also mention what percentage of disability has been caused to him the nature of injuries and that he was admitted in the hospital as a result of bus accident.
Now, the calculation will be made strictly as per the recent judgment by Hon’ble Supreme Court of India in Sarla Verma. I can roughly tell u the compensation he will be getting
1) Medicine and Medical Treatment (whatsoever amount may it be) and also future medical expenses but for that the doctor has to come to the court and state the estimation of future expenses of medical treatment.
2) Special diet will be granted to him. It could be around 2000 to 10,000.
3) Loss of Income/ Future loss of income. If he is unable to carry his job work because of amputation of his hand. For this functional disability is to be decided as per the SC judgment in Raj Kumar v. Ajay Kumar. which says that if a driver losses his one hand than he is 100 % disabled. and if a hand of a clerk is amputated than the same may be around 10 % bcoz he can work from one hand but driver cant’t drive with one hand. This is something which the court has to decide as per the Judgment. If he is earning huge than compensation under this head will be huge.
4) Pain and sufferings (in serious injuries 25000
5) Attendant charge (even if he has not appointed any attendant 2,000 pm)
6)Conveyance (Auto, bus, n all during the visit to hospital and coming back home)
7) Loss of amenities (the enjoyment which is forgo due to this accident).
and dont worry even if the insurance company refuse to pay due some breach of policy than also the injured will receive the compensation in such cases court order the owner to pay the whole amount. Therefore, u implead Insurance company and the driver/onwer of the bus as party in ur court case.
Advocate,
Amresh Anand