BEST to pay ₹6.4 lakh to accident victim’s family after 14 years | Mumbai news - Hindustan Times

BEST to pay 6.4 lakh to accident victim’s family after 14 years

ByRutuja Gaidhani
Mar 31, 2024 07:22 AM IST

BEST directed to pay ₹6.4 lakh compensation to dumper driver after fatal accident in 2009. Tribunal deducted 40% due to contributory negligence.

MUMBAI: The Motor Accident Claims Tribunal on Tuesday directed the Brihanmumbai Electric Supply and Transport (BEST) to pay 6.4 lakh compensation to a dumper driver after a BEST bus rammed into him in 2009, crushing his left leg and eventually killing him in 2010.

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The tribunal had initially agreed to compensation of 10,51,200, however, later they deducted 40% of the compensation owing to the contributory negligence on the part of the deceased.

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The incident occurred around 11.15am on June 27, 2009, when Abdul Rehman Shaikh, 55, a Sakinaka resident, was preparing to take the driver’s seat after loading garbage in the tempo in Andheri when a BEST bus came from behind and dragged Shaikh for more than 30 feet.

Shaikh’s left leg had been crushed in the accident. Passersby rushed him to RN Cooper Hospital, Vile Parle, where the doctors operated on Shaikh five times and finally were left with no option but to amputate his left leg from the knee joint due to debridement of the wound. However, soon an infection developed, and Shaikh succumbed to his injuries on February 10, 2010.

On the day of the accident, Shaikh registered an FIR. Subsequently, the family of the deceased, the wife of the accused, a 36-year-old divorcee daughter and a 25-year-old disabled son approached the tribunal, seeking compensation of 6 lakh with interest.

BEST denied the allegations of recklessness on the part of its driver and claimed that there was no nexus between the accidental injury and death.

The court observed that though the accident occurred in June and the victim died in February the following year, the claim was filed only around one month after the accident. “The applicants (family) have not filed medical treatment papers of the deceased till his death. Hence, the medical papers are not sufficient to prove the connection between death and accidental injuries,” the court said.

After deducting 40% from the decided compensation, the tribunal said that the family was finally entitled to 6,30,720, which comprised compensation for the annual income of the deceased, parental consortium, loss of estate and funeral expenses.

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 institution of petition till its realization.

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