Relying mainly on an eyewitness account, the Motor Accidents Claim Tribunal noted the accident was caused due to the “negligence and recklessness of the driver”, and directed Oriental Insurance, the firm with which the offending vehicle was insured, to pay the compensation.

The case further invited strong observations from the ASJ who ruled that in cases of bodily injuries where the victim survives and is rendered disabled, “the compensation awarded is higher than in cases of death because it is to be given to a living person who is disabled and is unable to lead a normal life or carry on with his vocation or enjoy other amenities of life.”

The victim, Amar Singh, worked as a security supervisor in a private security services company. In September 2004, while Singh was boarding the bus along with a friend, the driver suddenly accelerated.

As a result, Singh fell and his left leg came under the wheels. He was taken to the Army Base Hospital where the doctors amputated his injured leg. With his working capacity rendered nil, Singh was left with an 85 per cent handicap.

The defence on its part, however, contended that Singh was responsible for the accident as he had tried to board the bus before it stopped. The argument, though, did not find any favour with the tribunal.

Taking note of the above, Additional Sessions Judge Kanwaljeet Arora observed that the nature of Singh’s job required him to be on his legs throughout his duty hours and “because of the amputation, his disability to perform his job was 100 per cent.”

“Permanent disability can have severe consequences apart from inability to earn or work. The victim of an accident will not be in a position to carry on normal household activities and more than anything else, will be brooding over life day after day till his end and shall also suffer untold mental agony which cannot be quantified in terms of damages,” the ASJ added.