Patient death due to rash driving of ambulance, K’taka HC orders compensation

The Karnataka High Court has ordered compensation for the family of a patient who died after an accident of the ambulance he was travelling in that occurred due to rash and negligent driving.

A bench headed by Justice A.R. Hegde gave the order in this regard recently while looking into an appeal petition by the insurance company.

The incident had taken place on on April 13, 2010, when the victim, Ravi from Kabninahalli in Chikkamagalur district who was suffering from jaundice, was being shifted to Mangaluru in the ambulance.

Following the accident in which ambulance turned turtle, Ravi suffered severe injuries.

The bench refused to accept an argument by the counsel representing the insurance company that a report by the Forensic Science Laboratory (FSL) stating that the death had occurred due to jaundice.

“The patient succumbed after suffering severe injuries in the accident and aggravated disease,” the bench observed.

“The driver knowing well that he is transporting a patient, has driven the vehicle in rash and negligent manner and caused the accident. There is a connection between his death and the accident.”

The court calculated the income of the deceased and fixed the amount of compensation to Rs 4.62 lakhs.

It has directed the insurance company to pay the amount to the family in a span of eight weeks.

The Motor Accident Claims Tribunal (MACT) had ordered a payment of Rs 5.50 lakh compensation along with 6 per cent of interest to the family of the deceased on March 3, 2014.

The insurance company however, appealed against the order citing the FSL order.

The company claimed that there is no connection between death of the patient and accident, and it is not liable to pay compensation.

It had sought quashing of the MACT report.




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