A Motor Accident Claims Tribunal (MACT) has ordered the Brihanmumbai Electricity Supply and Transport (BEST) to pay over Rs. 36 lakhs to a 31-year-old man whose right leg had been amputated in 2017 after a BEST bus hit his motorcycle in Malad.
Aslahuddin Shaikh’s advocate told the tribunal that Shaikh worked as a manager at a service centre in Malad and earned Rs. 20,000 monthly. A doctor who assessed his disability testified that he had suffered 85 percent disability. As per the claim petition, the unfortunate incident had taken place on May 9, 2017. Shaikh was riding his bike and reached near Marve ‘T’ junction in Malad. He said the bus that was rashly driven hit his bike from the rear, due to which he sustained serious injuries.
The BEST had claimed that the accident took place due to Shaikh’s own negligence and that he was overtaking the bus from the left side. Shaikh had denied this averment.
In support of Shaikh’s claim a doctor from a private hospital where he had undergone treatment, had testified that Shaikh had undergone skin grafting treatment under him and was admitted for six days for it. He also informed the tribunal that a plastic surgeon had treated Shaikh too. Shaikh would require future treatment to the tune of Rs. 5 to 10 lakhs, he had told.
The driver of the bus has testified as a defence witness for the BEST and claimed that Shaikh was driving rashly and blamed him for the accident. The tribunal however noted that the driver had not challenged the FIR that Shaikh had filed against him at Malvani police station.
Tribunal’s member Sanjay K. Choudante held that the accident took place due to the negligent driving of the BEST driver. While calculating compensation, member Choudante noted that there is no evidence to prove that Shaikh earned Rs. 20,000 monthly and therefore, considered his notional income as Rs. 8,000.