A Motor Accident Claims Tribunal (MACT) in Delhi has awarded ₹1.65 crore in compensation to an Indian Navy MARCOS commando who suffered 88% permanent disability in a road accident that effectively ended his career as a combat diver and marine commando.

Judge Abhilash Malhotra passed the award on June 6 in a claim petition filed by Lakhpat Singh, who was injured in a road accident in Visakhapatnam on December 25, 2018.

Mr. Singh and his friend was riding a motorcycle near the Telugu Thalli (TT) Flyover in Visakhapatnam, on December 25, 2018 when a car hit his motorcycle from behind. Due to the impact, he and his friend fell on the road with Mr. Singh sustaining multiple bodily injuries.

The tribunal held that the accident occurred due to the rash and negligent driving of the offending car.

Mr. Singh, who was serving with the elite Marine Commandos (MARCOS) unit of the Indian Navy, suffered multiple fractures and underwent prolonged treatment, including several surgeries. Medical evidence showed that he sustained 88% permanent disability affecting his pelvis and right upper and lower limbs.

The tribunal observed that the injuries rendered him permanently unfit to perform diving and commando duties and confined him to desk work. It accepted that, despite remaining in service, he had suffered a complete loss of earning capacity in relation to his specialised profession as a MARCOS diver. Accordingly, it assessed his functional disability and loss of earning capacity at 100 per cent.

The tribunal granted ₹1.58 crore towards pecuniary losses, including future loss of income, attendant charges and loss of income during treatment, and ₹7.5 lakh towards non-pecuniary damages such as pain and suffering, loss of amenities and disfigurement.

The total compensation came around ₹2.46 crore including interest at 9% per annum from the date of filing of the claim petition in December 2020.

Holding the car driver, car owner and insurer jointly and severally liable, the tribunal directed Royal Sundaram General Insurance Company Ltd., the insurer of the offending car, to deposit the award amount within 30 days.

In a poignant observation, the tribunal remarked though directions have been issued to provide compensation to Mr. Singh who was a MARCOS Commando in Indian Navy but “keeping in view of the nature of injuries and 88% permanent disability, he will never be able to pursue his dreams and swim again”.

“Compensation in terms of money can never alleviate the pain which one suffers firstly, because of the disability and secondly, because one is not able to pursue his passion and dreams,” the tribunal observed.