Delhi Tribunal Awards ₹1.36 Crore to Delivery Partner in ‘Hit-and-Drag’ Amputation Case

A Delhi Motor Accident Claims Tribunal has ordered a compensation of over ₹1.36 crore to be paid to a 21-year-old delivery partner who lost his leg after being hit and dragged by a truck in 2024. The tribunal ruled that the nature of the “hit-and-drag” accident was a clear indicator of rashness and negligence on the part of the truck driver.

Presiding Officer Pooja Aggarwal, while delivering the judgment on March 23, emphasized the long-term physical and financial burden on the petitioner, Ahthsham, noting that he would require prosthetic limb replacements for the rest of his life.

On September 14, 2024, Ahthsham was riding his motorcycle near Majnu Ka Tilla in Delhi when a truck struck him from behind. The impact caused him to fall, and the vehicle dragged him for approximately three to four feet.

He was rushed to the Trauma Centre in Civil Lines before being moved to Lok Nayak Hospital. The injuries were so severe that they necessitated the amputation of his left leg during a month-long hospitalization. Medical assessments concluded that the petitioner suffered 80 per cent functional disability, describing the impairment as non-progressive and unlikely to improve.

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The tribunal found the petitioner’s testimony to be “clear and unequivocal” and consistent with the initial FIR registered at the Civil Lines police station under Sections 281 and 125 of the Bharatiya Nyaya Sanhita.

“The accident took place when the Petitioner was driving his motorcycle and the offending vehicle hit the same and did not stop before dragging the Petitioner for 3-4 feet. The act of a vehicle hitting a moving vehicle is itself indicative of the existence of rashness and negligence on the part of the driver,” the tribunal observed.

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The court further noted that the respondent driver failed to testify or provide an explanation for the circumstances of the accident, leading the tribunal to draw an adverse inference against him. Mechanical inspection reports of both vehicles also corroborated the petitioner’s account of the collision.

Out of the total ₹1.36 crore award, a significant portion—₹77.95 lakh—was allocated specifically for future medical expenses. The petitioner demonstrated that a single prosthetic limb replacement costs ₹11.13 lakh and requires renewal every six to seven years.

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Justifying the substantial award, the tribunal stated: “Even assuming that average longevity of life is about 70 years, the Petitioner has to live a long life as a person with permanent physical disability and he would obviously be requiring an artificial/ prosthetic limb for his entire life.”

The tribunal held United India Insurance Co. Ltd, the insurer of the offending truck, liable to indemnify the owner. The company has been directed to deposit the total award amount within 30 days.

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