A 17-year-old D-Pharmacy student who lost both his legs in a motorcycle crash has been awarded ₹23 lakh compensation by the Motor Accident Claims Tribunal, Mohali, which held that both the motorcycle rider and the driver of an unidentified tractor-trailer contributed to the accident.

The tribunal directed the motorcycle’s insurer, National Insurance Company Ltd, to pay the compensation with 6% annual interest from the date of filing of the claim petition until realisation. It, however, allowed the insurer to recover the amount from the motorcycle’s owner and rider.

Shubham Kumar Mishra, then a student at CT University, Ludhiana, was riding pillion with Rahul Singh on the night of February 23-24, 2019, after attending a college farewell function. Around 1.30am, near a petrol pump at Ishar Nagar, their motorcycle collided with an unidentified tractor-trailer coming from the opposite direction.

Mishra suffered injuries to both legs and was taken to the Ludhiana civil hospital. Doctors referred him to Rajindra Hospital, Patiala, and later to the Post Graduate Institute of Medical Education and Research, Chandigarh, where he remained admitted from February 23 to April 14, 2019. Doctors later assessed his permanent disability at 90% after both legs were amputated above the knees.

The insurance company argued that the accident resulted from the tractor-trailer driver’s negligence and that the motorcycle rider should not be held responsible. The tribunal rejected the argument, noting that the motorcycle had struck the tractor-trailer and that the rider was expected to control the vehicle.

‘Victim a pillion rider, can claim relief from both parties’

The tribunal also held that since Mishra was a pillion rider and a third party, he could claim compensation from either or both vehicles involved in the accident. It treated the motorcycle rider and the unidentified tractor-trailer driver as joint tort-feasors.

While Mishra claimed a monthly notional income of ₹25,000, the tribunal assessed it at ₹10,000. It calculated his functional disability at 30%, rather than applying the 90% physical disability directly to his earning capacity.

Using a multiplier of 18 and adding 40% towards future prospects, the tribunal awarded ₹9 lakh for loss of future earnings. It added ₹90,887 towards medical bills, ₹12 lakh for a future artificial limb, ₹50,000 for pain and suffering, ₹10,000 for attendant charges and ₹10,000 for special diet.

The tribunal also found that the motorcycle rider did not hold a valid driving licence. It directed the insurer to first pay the compensation and allowed it to recover the amount from the owner, Suraj Pal, and rider Rahul Singh.