Mumbai : Observing that an engineering student’s resilience in completing her degree “in no way” compensated for the loss of her right upper limb, Motor Accident Claims Tribunal directed a bus owner and National Insurance Co Ltd to jointly and severally pay Snehal Zanjurne almost Rs 3 crore, inclusive of interest, in compensation.
On June 18, 2019, Zanjurne (then 20) was travelling from Satara to Surat around 1.45 am when the bus, allegedly being driven at high and excessive speed on Western Express Highway, turned turtle after the driver lost control, according to the claim submitted in 2020. The tribunal accepted the medical evidence of permanent disability, relying on testimony from doctors Rahul Zanjurne and Ajit Bhosale and disability certificates issued by civil surgeons at Surat and Satara, each recording 65% disability.
“There is no reason for the police to falsely implicate the driver,” the tribunal said, holding that the accident was caused by rash and negligent driving. She was treated at Bhagwati Hospital, Borivli; Bhosale Hospital, Satara; and Z Plus Accident Hospital, Hadapsar. An FIR was registered at Mamta Nagar police station for offences under the Indian Penal Code and the Motor Vehicles Act. On negligence, the insurer pointed to the absence of a bus ticket and the claimant’s admission that she had not gone to the police station to give her statement. The tribunal, however, held that her testimony was corroborated by the FIR, case diary and spot panchanama. The court noted that the insurer had not successfully challenged the disability certificates or the assessment of disability. On prosthesis, the tribunal relied on evidence from a patient care counsellor at Ottobock, Chembur, who proved a quotation for an artificial limb, and assessed the claimant’s future requirement on the basis that the prosthesis would need replacement every five years. Taking her age and life expectancy into account, the court awarded future prosthesis expenses for nine replacements.
On the permit objection, the court relied on vehicle particulars showing that the bus had a valid permit from May 13, 2019, to May 12, 2024.
“The insurer…has failed to prove that the respondent No 1…owner committed breach of terms and condition of the insurance policy,” the tribunal held. The tribunal rejected the insurer’s objections, noting that it had not examined any RTO officer to establish absence of a valid driving licence.