Compensation of Rs 75 Lakh of Delhi City Man After Accident Due To Barricades

New Delhi: 

The Delhi High Court has directed the Delhi Police to pay a compensation of Rs 75 lakh to youth, who's ina extreme state after being met with an accident because of the chained barricades stored on  street in Delhi.

The court docket held the sufferer was entitled to the declare of damages for the negligence and failure of the Delhi Police to discharge its responsibility.

Compensation of Rs  75 Lakh of Delhi City Man After Accident Due To Barricades
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Justice Navin Chawla famous that the barricades had been neither correctly lighted nor ample reflectors or blinkers had been placed on them to make them seen from an extended distance.

The court docket awarded Rs 75 lakh compensation to petitioner Dheeraj Kumar, who was 21-year-old on the time of the incident in December 2015.

The accident came about on an early December morning when Dheeraj Kumar and his father had been returning residence on a motorbike and collided with police barricades which had been chained collectively in order to cordon off a street/ avenue fully.

The sufferer was admitted at a hospital in Delhi and after present process a number of surgical procedures and remedy, he was discharged in a state of unconsciousness.

The court docket was knowledgeable that as per the discharge abstract report, he was in a state of "altered sensorium, eye opening to pain, not opening to commands" and since then, his situation has not modified.

The youth and his father approached the court docket in search of compensation in the direction of the refund of medical bills, lack of revenue/dependency, lack of prospects, persevering with future wants as additionally for the ache and struggling suffered because of the accident.

The court docket, in its verdict, mentioned the barricades had been chained and due to this fact, didn't permit autos to move by and such chains couldn't have been seen to the motorist from a distance.

"They were also unmanned. Merely because no helmet was shown to have been recovered from the site, cannot lead to a conclusion that the petitioner no.1 (Kumar) was not wearing a helmet at the time of the accident or was driving his motorcycle at a high speed or rashly."

"It is not disputed that no one was present at the site of the accident at the time of the accident. In any case, the petitioners (Kumar and his father) are held entitled to their claim of damages for the negligence and failure of the respondent no.2 (Delhi Police) to discharge its duty…," the court docket mentioned.

"Keeping in view all the facts and circumstances of the case and the law relating to award of compensation, a total compensation of Rs 75 lakhs was found to be just and payable to the petitioners by the Delhi Police," the court docket mentioned and directed the police to deposit the quantity with the registrar common of the excessive court docket inside 4 weeks.

The police, in its response, contended that the accident came about as a consequence of contributory negligence of Dheeraj Kumar as he was dashing and was unable to brake in time to keep away from colliding with the barricades.

The police asserted that the barricades had been positioned in a well-illuminated space and had been seen from a substantial distance and the motorist appeared to have tried to slide by the hole in between the limitations and owing to the pace at which the automobile was travelling, he was unable to identify the chain linking the barricades.

It additionally claimed that as no helmet or any protecting gear of any type was discovered on the website of the accident, thus Dheeraj Kumar was in violation of the provisions of the Motor Vehicles Act.

Dheeraj Kumar's counsel asserted that he was carrying a helmet/ headgear on the time of the accident.

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