Delhi tribunal awards Rs 2.92 crore compensation to man disabled in road accident

A tribunal awarded over Rs 2.92 crore to a marketing executive left 88% permanently disabled in a 2020 road accident, rejecting the insurer's claim that his failure to wear a helmet amounted to contributory negligence.The Tribunal said the nature of Chauhan’s injuries made it clear that he would never be able to resume his job as a marketing executive, which required considerable movement. (Representative image)A Motor Accident Claims Tribunal (MACT) has awarded compensation of over Rs 2.92 crore to a 32-year-old marketing executive who suffered 88 per cent permanent disability in a road accident in 2020.The Tribunal rejected the insurer’s contention that the victim was contributorily negligent for not wearing a helmet, holding that a traffic violation cannot amount to contributory negligence unless there is evidence linking it to the accident.Presiding Officer Abhilash Malhotra was hearing a claim petition filed by Nilmani Chauhan, who suffered a traumatic spinal cord injury that left him with 88 per cent permanent disability and unable to stand or walk.According to Chauhan’s plea, he was seriously injured on December 30, 2020, when a car being driven rashly and negligently rammed into his two-wheeler. In its August 12 order, the Tribunal noted that Chauhan’s lower body had become dysfunctional and that he required an attendant to help him pass urine as he could not feel the need to do so. His employer was also paying him a salary on humanitarian grounds until the case was decided.The Tribunal said the nature of Chauhan’s injuries — traumatic spinal cord injury with paraplegia and neurogenic bladder — made it clear that he would never be able to resume his job as a marketing executive, which required considerable movement. It added that even a desk job would require the assistance of a full-time attendant. The Tribunal held the car driver, Ramesh, responsible for rash and negligent driving and directed IFFCO Tokio General Insurance Co Ltd to pay over Rs 2.92 crore, including interest, towards various heads such as loss of future earnings, medical treatment and attendant charges.Rejecting the insurer’s argument over the absence of a helmet, the Tribunal said, “Merely because the injured was not wearing a helmet, the same cannot be said to be ground for contributory negligence.”“A violation of traffic law cannot be said to be contributory negligence without any evidence in support showing that the violation has led to the accident,” it said.The Tribunal said not wearing a helmet was an offence under the Motor Vehicle Act but could not be termed a rash or negligent act that led to the accident.It also rejected the insurance company’s contention that the accident was a fake case, noting that the plea was raised belatedly.The Tribunal said that if the insurer suspected a fake accident, it could have approached the office of the deputy commissioner of police concerned, as required under the rules.Despite having an investigator’s report, the insurer did not file any complaint with the DCP, the Tribunal noted.“In case the insurance company had filed a complaint at the right time, the apprehension could have been investigated, and truth could have been unearthed,” it said, adding that the insurer had remained silent at the relevant time and raised the issue only during the inquiry.The Tribunal also said there was nothing on record to cast doubt on the investigation and findings of the investigating officer, particularly as the insurer had neither filed a complaint nor a protest petition before the magistrate concerned.- EndsPublished By: India Today Web Desk Published On: Aug 16, 2026 11:27 IST