Woman granted Rs 1.41 lakh for 2002 mishap

Thane Motor Accident Tribunal granted a compensation of Rs 1.41 lakh to a 84-year-old woman for the injuries she suffered in a mishap here in 2002 and had lost her original medical bills in a flood.
Malati A Shinde, a resident of Badlapur told the Tribunal that on May 14, 2002, she, along with her husband, was going to Thane by car. When she got down and was walking towards a hospital, suddenly car of Sushil Shirodkar dashed the applicant from behind. She fell down and sustained fractures in her hip bone besides other injuries.
Immediately after the accident, the applicant was taken to Chhatrapati Shivaji Maharaj Hospital, Kalwa and thereafter was shifted to Aditya Nursing Home.

The woman said that since Shirodkar was driving the said car, (which was insured) both the parties including the insurer are jointly and severally liable to pay the compensation.
She pleaded that she had lost the original bills in a flood was thus placing on record the xerox copies of the bills obtained from the hospital for the medical expenses incurred.
Shinde further said that she was entitled to a compensation of Rs 1,75,000 and filed a claim against Shirodkar of Hazuri Darga Road and the New India Assurance Company Limited.
Relying on the oral evidence and the copies of the bills produced, Tribunal Judge and member S Y Kulkarni held that Rs 70,000 can be granted to the applicant towards hospital and medical expenses.

"Taking into consideration the age of applicant at the time of accident (73), the hospitalisation period i.E. From 14.5.2002 to 29.5.002 as averred in the discharge card besides the disability certificate which is placed on record disclosing the nature of fracture injury which the applicant has sustained in the accident, I have no hesitation to hold that amount Rs 20,000 can be granted to the applicant towards pain and suffering," the Tribunal held.