BEST asked to pay ₹5.83 lakh to girl who became disabled after accident

A 17-year-old girl in Mumbai has been awarded ₹5.84 lakh ($8,260) in compensation by a Motor Accident Claims Tribunal (MACT) after a BEST-operated bus ran over her foot, leaving her permanently disabled. The tribunal found the transport undertaking liable for the incident and directed them to pay the compensation, which includes medical expenses and future costs.

MUMBAI: Four years after a BEST-operated bus ran over the right foot of a 17-year-old girl in Ghatkopar, eventually leaving her permanently disabled, Motor Accident Claims Tribunal (MACT) recently directed the transport undertaking to pay her close to ₹5.84 lakh in compensation.

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The incident occurred around 1 pm on January 25, 2019, when Salma Khan, a resident of Kurla, alighted from a BEST bus at Sarvodaya bus stop in Ghatkopar. While she was crossing the road by walking in front of the bus, the driver allegedly drove in a rash and reckless manner and knocked her down. Though people shouted signaling the driver to stop, he continued driving, police officers said.

Salma, with a bleeding foot, was rushed to Zynova Shalby Hospital where doctors said she had suffered an injury to her right foot and a fracture in her ankle. Claiming that she had suffered a permanent disability in her right foot, the family approached the tribunal, seeking a compensation of ₹4 lakh with interest at the rate of 12% per annum.

BEST denied the allegations of recklessness on part of its driver and claimed that the bus was proceeding with a moderate speed with proper lookout for traffic and pedestrians. It further said the conductor had ensured that the passengers had boarded and alighted safely. However, the victim suddenly tried to cross the road and hence collided with the bus, the undertaking said.

The tribunal in its judgement said, “It was the victim’s contention that Lokmanya Tilak Municipal Medical College and General Hospital had assessed her disability to the extent of 49%. Her disability certificate says the applicant is a case of locomotor disability and her case is degloving injury to right foot. Later, the hospital issued another certificate declaring her disability a permanent one.”

The tribunal said she was entitled to ₹5,83,111, which comprised compensation for pain and suffering, medical expenses, special diet and conveyance, future medical expenses, loss of an academic year, loss of amenities and enjoyment of life, and loss due to disability.

This amount includes no fault liability (which holds a person or an entity responsible for damage or injuries without requiring proof of fault or negligence) with an interest of 7% per annum from the date of application till realisation of the entire amount.

MACT further directed BEST to credit the said compensation amount to the account of the tribunal, which will then be disbursed to the bank account of the victim.