Merchant Navy engineer will get compensation of Rs 2 crore 28 lakh. symbolic photo
Dayanand Sharma, Chandigarh. After more than three decades of pain, humiliation and legal struggle, merchant navy engineer Joginder Pal Handa finally got justice. Punjab and Haryana High Court, overturning the decision of the Motor Accident Claim Tribunal, has increased the compensation of just Rs 50 thousand to Rs 73,62,500.
The entire matter is of September 7, 1991. Joginder Pal Handa, who was traveling on a scooter, was hit by a jeep in Ambala. This accident occurred due to the negligence of the defendant driver. The collision was so severe that both the bones of Handa's right leg were broken. Long treatment went on, but he could never be the same. The medical board declared him 50 percent permanent physical disability.
Handa was not an ordinary person. He had served in the Indian Navy and then worked as an engineer in the Merchant Navy. Three days before the accident, he had received an appointment letter from a Singapore company, in which the salary was fixed at 1500 US dollars per month.
He was to join the ship as a third engineer on 15 September 1991, but the accident ruined his dreams. He was never able to return to sea service after being declared medically unfit.
The Motor Accident Claims Tribunal, Ambala, awarded only Rs 50,000 compensation in 1995, saying his income was “not proven”. There was a long legal battle against this decision. The High Court completely rejected this thinking of the Tribunal and said that the appointment letter is concrete evidence in itself and it cannot be called imaginary. The court also clarified that even if the physical disability is 50 per cent, in a profession like the Merchant Navy it is 100 per cent functional disability, as complete fitness is essential for sea service.
High Court decided the formula for determining compensation
Considering the dollar rate of 1 dollar = Rs 25 in 1991, the monthly income was fixed at Rs 37,500. After adding the future prospects, the income was taken as Rs 46,875 per month. The annual income was estimated at Rs 5,62,500. Considering the age of 46 years, a multiplier of 13 was imposed. For the loss of future income, Rs 73,12,500 was fixed for pain, treatment, attendants, travel and Rs 50,000 extra for special diet
Total compensation fixed at Rs 73,62,500
Seven percent annual interest will also be given on this increased amount from the date of filing of claim till payment. The interest for 30 years becomes Rs 1.54 crore, the total amount exceeds Rs 2.28 crore. If seven percent annual simple interest is added on the Rs 73,62,500 fixed by the High Court from 1996 to January 2026, then this interest alone reaches Rs 1,54,61,250.
In this way, including the principal amount and interest, Joginder Pal Handa is now sure to get a total of Rs 2,28,23,750. According to the order of the court, this amount will remain payable to the victim till the day it is fully paid. After a wait of 34 years, this amount is not just a figure, but a judicial price for broken careers, lost prospects and a lifetime of pain.
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