Two decades after a man met with an accident that left him with a 95% disability, the Bombay High Court recently increased the compensation to him from Maharashtra State Road Transport Corporation (MSRTC) by five times.
On July 26, 2005, the Motor Accident Claim Tribunal had directed the corporation to pay ₹4,12,042 with 7.5% interest per annum while the claim was for ₹10 lakh with interest.
The accident
On the morning of April 25, 2000, Mr. Sharma was headed for some work on his scooter in Thane. When he reached a bridge, a State Transport bus crashed into him from behind. He was admitted to the Civil Hospital, Thane, where his left hand was amputated above the elbow.
Mr. Sharma said the accident took place due to the driver’s rash and negligent driving. As a motor mechanic, his income was ₹5,000, Mr. Sharma said.
The corporation defended its case by saying the bus driver was driving at moderate speed, with care and caution, on the correct side of the road. Mr. Sharma, it said, was driving his scooter at high speed in the same direction as the bus and was trying to overtake it from the left without giving the driver a signal. Mr. Sharma also tried to pass through the narrow gap between the bus and the road, it said, and maintained that there was no negligence on the part of the driver. The MSRTC said Mr. Sharma’s claim should be dismissed.
Advocate A.M. Gokhale, who appeared on behalf of Mr. Sharma, said though a doctor had certified Mr. Sharma’s disability at 95%, the tribunal had overlooked the evidence and considered the disability only as 75%. It had reduced the claim and considered his income to be ₹3,000 instead of ₹5,000, he said.
Difficulty in assessment
Justice R.D. Dhanuka said, “As held by the Supreme Court, the assessment of damages in personal injury cases raises great difficulty. It is not easy to convert the physical and mental loss into monetary terms. There has to be a measure of calculated guess work and conjecture.”
The judge directed the corporation to pay ₹20,30,000 with interest at 7.5% per annum from the date of filing of petition, within eight weeks.
