A private company executive, who suffered functional disability of his right upper limb owing to a freak accident about seven years ago, will now receive over Rs 30 lakh compensation.
Harish Khorbekar was 28 when the accident occurred on September 17, 2013. At 11.45pm, he parked his car on the left side of National Highway-4 opposite Kiran Petrol Bunk when one of its wheels got punctured. He put on the hazard lights and was examining the wheel when a rashly driven mini-truck hit him and his vehicle. He was hospitalised for 10 days.
Harish was earning a gross monthly salary of Rs 62,500, including Rs 18,750 variable pay. He filed a claim petition seeking Rs 75 lakh compensation, saying he had suffered permanent disability.
A city court, however, awarded Rs 27 lakh with 6% interest as compensation, with Rs 22.6 lakh under loss of future income category, around Rs 2.3 lakh under loss of amenities and Rs 1.5 lakh towards medical expenses, In addition, Rs 50,000 was given for pain and suffering and Rs 15,000 towards attendant charges. Insurer New India Assurance Company challenged the award. The company said Harish was working even after the accident and earning higher income.
Harish also questioned the city court ruling in 2016, saying due to the accident, he couldn’t use his right hand. His orthopaedic surgeon said Harish had lost almost 90% functional ability on the right side.
A high court division bench of Justices Alok Aradhe and Ravi Hosmani disposed of both appeals. Modifying the award, it gave a higher amount of Rs 25 lakh towards loss of future income. The compensation under pain and suffering and attendant charges was enhanced and while the amount under loss of amenities was reduced.