Mumbai: The Mumbai Motor Accident Claims Tribunal (MACT) has directed the Brihanmumbai Electric Supply and Transport (BEST) undertaking to pay compensation of Rs 18,70,481 to a Mulund-based family whose 54-year-old breadwinner was killed in a road accident while returning home after selling vegetables.
Tribunal Observations
The tribunal, presided over by Member J.A. Pedgaonkar, observed that as per Supreme Court precedent, once a chargesheet is filed and the driver is held negligent, no further evidence is required to establish that the vehicle was being driven negligently.
The tribunal also referred to a United Kingdom Supreme Court judgment in Paul and Another vs. Royal Wolverhampton NHS Trust, which states: “We all die and, when we do, the fact or manner of our deaths may cause harm to other people… We all know that the death of someone’s child, or of their partner, or of a young child’s parent, will cause grief and suffering…”
Claim Filing and Accident Circumstances
The claim was filed by the deceased, Vikas Sahani’s wife and three children. The fatal accident occurred on July 13, 2021. At about 9:20 p.m., Sahani was walking home with due care when, near Chintamani Deshmukh Garden on Veer Savarkar Road, Mulund, a speeding BEST bus hit him from behind.
He sustained severe injuries and was rushed to Veer Savarkar Hospital and later shifted to Sion Hospital, where he succumbed to his injuries on July 18, 2021.
BEST’s Defence and Tribunal Ruling
BEST argued that the deceased was negligent and had crossed the road recklessly, ignoring traffic safety and signals from the bus. It further claimed that the FIR was lodged based on an ambiguous statement and that its driver was exonerated in a departmental inquiry.
However, the tribunal dismissed this defence, stating that the chargesheet clearly established the bus driver’s negligence. ”The absence of eyewitness testimony was not fatal to the claim. Also Departmental exoneration does not override legal liability, which proves the negligence of the driver.”
Also Watch:
Compensation Calculation
The tribunal noted that Sahani was earning Rs 15,000 per month and was 54 years old at the time of the accident. Citing the Supreme Court’s ruling in National Insurance Co. Ltd. vs. Pranay Sethi, it added 10% towards future prospects, taking his annual income to Rs 1,98,000.
Based on this, BEST has been ordered to pay Rs 18.7 lakh along with applicable interest to the family.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
