Date:27/04/2007
URL: http://www.thehindu.com/2007/04/27/stories/2007042715080100.htm
Bench ruling on insurance claim to disabled
Staff Reporter
MADURAI: The Madurai Bench of the Madras High Court has ruled that physically challenged people who meet with road accidents cannot be denied compensation on the ground that they are already suffering from a disability. Dismissing a civil appeal moved by the United India Insurance Company against the compensation granted to a polio affected person, Justice S. Manikumar said that refusing compensation for such persons would amount to discrimination and also a violation of Article 14 (equality before law) of the Constitution.
"When a normal person is compensated for the disability suffered on account of the injury sustained in an accident, could it be different in the case of a disabled person, that too a person affected with polio," the Judge wondered.
Expressing anguish over the attitude of the insurance company, he said: "It is unfortunate that the company had taken such a hard stand to challenge the physically challenged."
Afflicted with polio, M. Balamurugan, 40, a petty shop owner at Tiruvanaikovil in Tiruchi, was thrown out of his hand-pedalled tricycle when a speeding two-wheeler rammed the vehicle on April 21, 2003. His right thigh bone fractured causing reduction of movement by 70 degrees and twisting capacity by 25 degrees.
A doctor assessed the disability, pursuant to the accident, at 40 per cent and confirmed that the victim could not sit, squat or do hard work as he was doing before the accident.
Relying upon the medical opinion, the Tiruchi Motor Accident Claims Tribunal on April 10, 2006 awarded a compensation of Rs.72, 000 with interest at the rate of 7.5 per cent per annum.
© Copyright 2000 - 2006 The Hindu
