8 years after hit-and-run, Tribunal grants Rs 98.5 lakh compensation to Nair hospital BDS intern's family
compensation
Mumbai: Nearly eight years after a 25-year-old BDS intern of Nair Hospital was killed in a road accident, the Motor Accident Claims Tribunal has directed a Mumbai-based teacher, her husband, and an insurance company to jointly pay nearly Rs 98.5 lakh as compensation to the family of the deceased.
Passing the order, the tribunal member R R Patwari held the driver solely responsible for the fatal accident for jumping a red signal, rejected claims that the intern's use of a mobile phone contributed to the accident and fixed the total compensation at around Rs 98.5 lakh, inclusive of interest.
As per a latest TOI report, the history of the incident dates back to 2018, when the BDS intern was undergoing her internship at Nair Hospital Dental College at the time of the incident. She was on her way to attend her brother’s convocation on March 24, 2018, when the accident took place.
According to the case details, she was crossing the road near N S Road signal when a speeding Honda City car driven by the accused allegedly jumped the red signal and hit her. She suffered serious head injuries and died six days later during treatment.
During the proceedings, the driver and the insurance company argued that the student was negligent as she was using her mobile phone and had stepped onto the road abruptly. However, the tribunal rejected these claims.
The Tribunal relied on the testimony of an independent eyewitness who followed the car after the hit-and-run. The witness confirmed that the pedestrian signal was red for vehicles when the car "came in high speed, broke the signal and struck the said woman".
Based on this, the tribunal clearly held that there was no negligence on the part of the deceased.
It observed, "The accused driver was duty-bound to stop the vehicle at the traffic signal until the signal turns green. This clearly shows that there was no negligence on the part of the deceased. Negligence means failure to exercise the required degree of care which is expected of a prudent driver. When a motor vehicle is being driven with reasonable care, it would ordinarily not meet with accident."
The Tribunal further held, "The academic records of the deceased include her marks-memos which show that she had passed her 10th and 12th and graduation in BDS with good marks. She was a brilliant student. AW2 (a witness) has stated that after completion of BDS, there are various govt and private sectors for the students to join. The deceased was aiming to practice as a dentist."
To determine the compensation, the tribunal considered the victim's high academic standing and the career trajectory of a medical professional. Although she was only earning a stipend of Rs 6,000 at the time, the tribunal set her notional income at Rs 40,000 per month.
The tribunal quoted an order in similar case which said, "The deceased was a diligent and outstanding student of medicine who could have pursued her MD after her graduation and reached greater heights. Today, medical practice is one of the most sought after and rewarding professions."
The compensation awarded included Rs 60.48 lakh for loss of dependency, Rs 2.05 lakh for medical expenses incurred during her treatment, and approximately Rs 84,700 for conventional heads like funeral expenses and loss of estate. The amount also includes interest at 7% from 2018, bringing the total payable to approximately Rs 98.5 lakh.
During the course of the proceedings, the deceased's father passed away. Therefore, the major portion of the compensation has been paid to her mother, with smaller portions designated for her siblings, who are both doctors.
