Insurance Co. ordered to pay Rs. 37.87 lakh to accident victim
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Insurance Co. ordered to pay Rs. 37.87 lakh to accident victim

February 18, 2020

Mandya: The First Additional Senior Civil Court, Mandya, and the Motor Accident Claims Tribunal (MACT) has ordered a private insurance company to pay Rs. 37,87,900 as compensation to an injured accident victim, who had suffered serious injuries to his legs. The compensation amount has to be provided within two months of the order.

N. Puttaswamy, a native of Lakshmegowdanadoddi in Maddur taluk, presently residing at Arkeshwara Nagar in the city is the accident victim. This is said to be a rare case where the highest compensation amount has been awarded to an injured accident victim.

Details: On June 6, 2016, Puttaswamy was hit by a car resulting in him suffering injuries to his knee cap of his right leg and also suffering a fracture of his left thigh bone.

Puttaswamy underwent a prolonged treatment at a hospital and had spent Rs.24,43,363 for the treatment out of which he had received Rs. 8 lakh through his health insurance  he had with a private insurance company. He had taken a loan for the remaining Rs.16,43,363, following which Puttaswamy and his family members plunged into financial crisis. 

Puttaswamy, on  Aug. 7, 2017, approached the Court and the MACT appealing before them that the private insurance company and the owner of the car bear the cost of his treatment. 

Puttaswamy’s Advocate, N. Channabasappa, had produced seven witnesses and had submitted a 691-page document to the Court. On Jan. 8, 2020, First Additional Senior Civil Court Judge M. Rashmi, who is also the Head of MACT, heard the witnesses and went through the documents submitted by advocate Channabasappa, announced a compensation of Rs.37,87,900 and passed an order in this regard. 

The Court has further ordered the insurance company to pay the compensation amount along with 8% interest per annum from the time of the victim filing the Court petition till the time the insurance company pays the amount which is about Rs. 7.5 lakh, totalling Rs.45,37,900. The total compensation amount comes to Rs.53.37 lakh when Rs. 8 lakh provided by the health insurance company is added.

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The Court also ordered the insurance company to deposit 70% of the compensation amount to Puttaswamy’s bank account and the remaining 30% amount be put in a Fixed Deposit for three years at the bank notified by Puttaswamy.

Advocate Channabasappa said that it is the first time that a maximum compensation is awarded to an injured accident victim and added that if the cases are presented in a sensitive manner, it is definite that the Court would order adequate compensation to such victims.

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