MACT Presiding Officer Vidya Prakash asked the New India Assurance Company Ltd, insurer of the truck involved in the accident, to pay Rs 12,01,000 to north Delhi resident Birju Yadav considering that he had suffered 40 per cent disability.
"In view of his disability in right lower limb, he would not be able to do any type of activity requiring him to walk, doing field job, to stand for long duration or to lift weight or to travel, doing his day to day activities etc. Hence, his functional disability is taken as 40 per cent with regard to whole body," the tribunal said.
The petition said that on January 7, 2014, 42-year old Yadav was riding his bike to work. When he reached Narela in north-west Delhi, a truck driven in a rash and negligent manner hit him. The accident resulted in the amputation of his right leg below knee.
The insurance company failed to show if any terms or conditions of the insurance policy were breached or violated by the driver or the owner of the offending vehicle.
"Keeping in view the existence of valid insurance policy, insurance company becomes liable to pay the compensation amount, as it is liable to indemnify the insured," the tribunal said.
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