The Motor Accident Claims Tribunal has directed the Brihanmumbai Electric Supply and Transport (BEST) Undertaking to pay a compensation of over ₹4 lakh to a man who suffered 53% disability after a BEST bus jumped a signal and rammed into his bike in Powai on July 6, 2016.
Rajendra Nagure was 30 years old and employed with Baroda Heat-up Controls Private Limited at a monthly salary of ₹14,600 at the time of the accident. He was on leave for seven months and nine days for treatment. He was entitled to ₹98,030, excluding monthly professional tax of ₹200, conveyance allowance of ₹500, and site allowance of ₹175 per day.
Mr. Nagure sought ₹3 lakh as compensation for his treatment. The BEST refuted his age, income and occupation and claimed he was under the influence of alcohol. “Thus, the accident occurred due to the negligence of Mr. Nagure and the claim is highly exaggerated,” the BEST said. Mr. Nagure argued that there was no evidence to prove that he had consumed alcohol beyond the permissible limit and the accident did not take place due to his fault.
The doctor, who examined the victim, said, “He suffered a partial permanent disability of 53%. He has tenderness and deformity in the right thigh and right hip. Movement of the right hip and right knee are painful and restricted. He is unable to do day-to-day activities due to the above disabilities.”
S.C. Chandak, the presiding chairman of the tribunal, said: “It is apparent that the fracture, which is obviously of the toughest bone in the body, has impaired his bodily strength to a certain extent, that he has difficulties. The partial disability is not occupational disability.”
In its order, the tribunal said, “The year of the accident and average prevailing rate of interest between 2016-2021, grant of interest at 6.5% per annum will be just and proper. Thus, he is entitled to receive compensation of ₹4,28,555 with interest at 6.5% p.a. from the date of application till realisation.”
