MUMBAI: Over a decade after their son, a doctor pursuing his post-graduate studies, died in a road accident, a
Matunga couple will receive around Rs 70 lakh as insurance compensation. Dr Rushab Gala (26) died in November 2007 when a car he was in was hit by a truck coming from the wrong side on Mumbai-Nashik highway. The Mumbai accidents claims tribunal (MACT) directed the insurer of the truck to give Rs 40 lakh, along with an interest of 9% per annum from 2008 onwards, when the parents had lodged the complaint.
"The accident occurred due to the sole negligence of the driver of the truck. (The Gala family) are entitled to recover the compensation amount from the owner of the truck and the insurer," said MACT member B S Mungale in the order. The amount is to be divided among Dr Gala's mother, who would get a 70% share, his father and his sister. Both doctors, they would get 20% and 10% of the amount, respectively.
"The total amount, along with interest, would work out to around Rs 70 lakh," said advocate Avinsah Gokhale, counsel for the Gala family.
The family, which had initially claimed Rs 50 lakh as compensation, had in 2015 raised the claim to Rs 165 crore, citing money earned by leading private surgeons, supported by a letter from a civic hospital doctor. They claimed their son would have had substantial earnings as a private surgeon practicing sports orthopaedics had he lived. But the tribunal dismissed the plea for higher compensation. "There is no evidence on record to show that after passing MBBS, the deceased had conducted any complicated surgery. Therefore, surgery fees charged by successful doctors in 2015 onwards cannot be considered for doing guesswork for determining the notional income of the deceased," said the tribunal. "The contention of the father that immediately on getting MS degree his son would have conducted surgeries and would have earned lakhs of rupees per month is not probable," the tribunal said.
Dr Rushab Gala was travelling with his friends on pilgrimage to the shrine of goddess
Saptashrungi in
Nashik. A truck that was trying to overtake another vehicle from the opposite side came on to the wrong side of the road and hit Dr Gala's car. The doctor and a minor girl died in the accident, while three other friends sustained severe injuries. The insurance company claimed the car was at fault. The tribunal noted that the impact of the accident revealed that the truck was on the wrong side. Further, the truck driver, who was being prosecuted for causing death due to negligence, had absconded. "The conduct of the driver of the truck indicates that he knew that the accident occurred due to his rash and negligent driving and therefore he avoided the process of the court," the tribunal said.