HC grants ₹83.40 lakh to doctor who suffered 75% blindness in road accident

Bombay HC awards ₹83.40 lakh compensation with 7.5% interest to doctor almost blinded in road accident, overturning MACT's meagre ₹2.90 lakh compensation.

MUMBAI: Around two decades after a medical professional was rendered almost blind in a road accident, the Bombay high court has awarded ₹83.40 lakh compensation along with an interest rate of 7.5% per annum to her.

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Dr Madhuri Sahastrbuddhe approached the high court after the Motor Accident Claims Tribunal (MACT) granted her meagre compensation of ₹2.90 lakh for the severe injuries that she had suffered in the road accident.

The accident occurred on November 18, 2005, when Madhuri, who had completed her internship in Kolhapur after completing her MBBS, was coming to Mumbai with her family by car.

A Scorpio coming from the opposite direction at high speed crashed into their car, resulting in all her family members being injured.

Dr Sahastrabuddhe lost her vision and suffered locomotor disability, affecting her movement. On September 12, 2019, the Tribunal passed the order on her accident claim, concluding that the SUV driver was responsible for the accident and the doctor would not be able to walk properly and or do her work – practice medical profession and her movements were restricted.

The Tribunal further said that she would find it difficult to read, cross the road, see vehicles coming from the right side and practising her profession but concluded that the visual disability would affect her earning capacity only to the extent of 10% and ordered the Oriental Insurance Company Ltd – insurer of the SUV owner, a city businessman, to pay her compensation of around ₹2.90 lakh.

She approached the high court contending that the Tribunal reached the wrong conclusions and failed to take into consideration that she had suffered around 75% blindness, which is considered legal blindness, and that her earning capacity was badly affected.

A single judge bench of Justice Arun Pednekar on June 24 accepted her arguments and said that the doctor was entitled to compensation of around ₹86.30 lakh and directed the insurance company to pay her the balance amount of ₹83.40 lakh, along with interest at the rate of 7.50 % per annum from the date of the filing of her accident claim, in eight weeks.