Chandigarh, 30 January 2025- Engineer Harman Singh Dhanoa was injured in an accident in 2010. He filed a petition in the Motor Accident Claim Tribunal and demanded compensation of Rs 1 crore. In 2013, the compensation was fixed at Rs 70 lakh. The victim and the insurance company filed an appeal against this.
The insurance company had to pay heavily for demanding a reduction in the compensation of Rs 70 lakh given by the Motor Accident Claim Tribunal Mohali to the engineer who became disabled in the accident.
The insurance company argued that the victim was not wearing a helmet, he was careless, so the compensation should be reduced. The High Court found that the victim was a turbaned Sikh and was wearing a turban at the time of the accident. The court has increased the compensation amount to Rs 1.95 crore.
The insurance company told the Punjab-Haryana High Court by filing a petition against the decision of the Motor Accident Claim Tribunal Mohali that Harman Singh Dhanoa was seriously injured in an accident in 2010. He filed a petition in the Motor Accident Claims Tribunal and demanded compensation of Rs 1 crore. In the year 2013, MACT Mohali approved his claim and fixed a compensation of Rs 70 lakh. The victim and the insurance company filed an appeal against this decision.
The insurance company had appealed
The insurance company had said in its appeal that it is a case of joint negligence, the victim was not wearing a helmet while driving a two-wheeler. The High Court said that according to the testimony of Captain Baldev Singh (victim’s grandfather), the victim was a turbaned Sikh and he was wearing a turban at the time of the accident. Not wearing a helmet in the case of a turbaned Sikh does not fall under the purview of negligence.
Citing several cases, the High Court said that not wearing a helmet cannot be considered contributory negligence, unless it is proved that the accident was affected by it.
The court considered the demand for increasing the compensation amount on the appeal filed by the victim as appropriate for review. Considering the 100 percent disability of the victim, the court increased the amount of Rs 70.97 lakh fixed by the tribunal to Rs 1.95 crore. The court gave this decision after taking into account the future possible income loss, medical expenses and other factors. The court clarified that this accident has completely changed the life of the victim, so he should get fair compensation.