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Insurer to pay 5 lakh in every 4 years for prosthetic hand surgery to accident victim

by on January 27, 2017
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New Delhi: Delhi court has ruled that an Insurance company will have to bear the cost of rupees 5 lakh after every four years for the prosthetic hand surgery of a man who lost his hand in an accident in 2015.

The new prosthetic limb will empower the victim to do weight-lifting to the extent of 8 KG weight. He could also write with the hand. However, the biggest sticking point is its life, which is mere four years.

The court ruled that the insurance company is liable to may the amount as the vehicle indulges in the crime insured by it. ” In the totality of facts and circumstances of the case, the financial status, qualification and earning capacity of the injured,  I hereby grant a sum of Rs 5 Lacs in a lump sum for the prosthetic limb,” MACT presiding officer Naveen Arora said.

The Judge said the petitioner shall be at liberty to purchase the prosthetic limb of a normal value in future against the reimbursement from the insurance company through court/ Tribunal. The above-mentioned amount of Rs. 5 Lacs shall be paid to the injured only on submission of bills of purchase of prosthetic limb but the same shall not be more than Rs. 5 Lakhs.

The victim, Sagar Bansal (24), had claimed Rs. 29,80,000 for the prosthetic limb which he purchased on its own. However, He could not bring on the record about how he arrived at the cost. During the cross-examination, He could not prove the amount.

The court, however, didn’t incline to pay such a higher value to the victim again and again. “The life of prosthetic limb is only for 4 years. After every 4 years, this much of amount will have to be incurred again and again which in my opinion would on a very higher side. The ultimate object of the providing of artificial limb is to decrease the functional disability. Once, the petitioner is being compensated for the future loss of income to the extent of 60 percent disability, then spending the above-mentioned amount on the prosthetic hand, in my opinion, would not be advisable.

The court decided to compensate the victim with 19.25 lakh rupees for the loss of future income and 5 lakh rupees as a lump some payment for prosthetic hand surgery.

According to the prosecution, the victim was on the car ride with his two other friends on the day of the incident. Despite requesting to drive properly, his friend keeps on driving the vehicle in the Zig-zag manner. The driver had lost control on the vehicle on MG Road near Qutab Minar Metro station. The car overturned in the middle of the road after hitting the divider.

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