Girl gets Rs 2L claim for injuries in accident outside school

A girl has been awarded Rs 2 lakh compensation by the Thane Motor Accident Claims Tribunal for injuries she suffered during a road accident while she was standing outside her school in Bhayander here in 2007.

While awarding the compensation, MACT member and district judge K D Vadane, however, refused the interest on the award amount from date of filing of the application in 2008 as the matter was delayed due to negligence of the applicant and she had not taken proper steps for adducing evidence, and hence allowed interest only from May 2015.

Namrata Chaturvedi (then aged 14) told the MACT that on January 4, 2007, around 1.20 PM she was standing near a phone booth in front of her school to call her regular autorickshaw driver to return home. At that time, a school bus came in high speed, took a turn and knocked her down.
 

She was treated for injuries in hospital and is now 25 per cent disabled, the applicant said and sought a claim of Rs 5.30 lakh from three respondents - Holy Cross High School and Junior College, Bhayander, which owned the bus; driver Latif Mahaboob Shaikh and Reliance General Insurance Company.

She also stated that her father earned a monthly salary of Rs 14,000-15,000 and had to take leave for nine months during the period when she was at home and could not move, to attend to her.

The injuries and permanent disability caused to the applicant affected her educational career as well as her future working and earning capacity, she said.

The school did not appear before MACT, but the driver and the insurer made their submissions defending their case.

The insurance company argued that the applicant has not adduced any corroborative piece of evidence in respect of amount incurred on her medical treatment, medicines, conveyance, attendance, etc.

It further said that the applicant has completed MBA course and now she is working in L&T Infotech, Powai, and earning Rs 3.75 lakh per annum, which shows that the injuries caused to her have not hampered her educational career as well as her working and future earning capacity, therefore the applicant is not entitled for compensation, as claimed.
The judge noted that the doctor treating the girl or any

other doctor from the hospital was not examined. The employer of the girl's father was also not examined in order to establish that he was required to take leave to attend to her.

Thus, in absence of any corroborative piece of evidence, the contention of the applicant in respect of amount incurred for hospitalisation, medicines and attendance is not believable, he observed.

However, taking into consideration the nature of injuries caused to her as mentioned in discharge card and the period for which she was required to take treatment, the applicant might have been spent at least Rs 75,000 on medical treatment and medicines, Judge Vadane further noted adding hence, she is entitled for the said amount.

"From this admission of the applicant, it is revealed that the injuries and disability caused to her have not affected her educational career as well as her working and future earning capacity. Thus, the applicant is not entitled for any compensation under future loss of income," he said.

However, she is entitled for compensation of Rs 25,000 for injuries and disability caused to her, Rs 65,000 for loss of marriage prospects, Rs 75,000 towards medical treatment and medicines, Rs 5,000 each for expenses on special diet, attendance (for attending to her), and conveyance, and Rs 10,000 each for pain and suffering, loss of amenities and expectations from life, he said in a recent order.