BMTC accident victim to get higher compensation

NT Correspondent

Bengaluru: A woman who suffered serious injuries and also lost her husband in an accident involving a BMTC bus in 2008 will get additional compensation after the High Court decided to enhance it on numerous grounds.  A Motor Accident Claims Tribunal (MACT) had awarded her Rs1,67,800 which has been enhanced to Rs 5,40,375 by the HC in a recent judgment.

Manjula, then 36, approached the HC with an appeal in 2012 against the order of the MACT. She had met with an accident on August 5, 2008 while riding pillion on a bike driven by her husband Shivakumar. A BMTC bus had hit the bike on Kalasipalya main road at around 6.40 AM. The accident killed her husband while she suffered grievous injuries.

Manjula sued the BMTC and the insurance company for compensation. She contended that due to the injuries suffered in the accident, she suffered permanent physical disability and loss of future earnings and claimed a compensation of Rs 50,00,000. The Tribunal accepted she had spent Rs 3,24,544 and another Rs17,000 for medical treatment but rejected the claim on ground that Rs 3,24,544 was reimbursed by a medical policy.

In all the Tribunal awarded Rs1,67,800 including Rs 40,000 for pain and agony, Rs 24,000 for loss of income during laid up period, Rs76,800 for loss of future income on account of permanent disability, Rs10,000 for unhappiness and loss of future amenities and Rs17,000 for medical and incidental expenses.

In the HC, the division bench of Justice KS Mudagal and Justice Rajendra Badamikar which heard her case said the Tribunal was wrong in rejecting the claim of medical expenditure as the medical insurer had reimbursed the expenses for premium paid by Manjula’s husband.

The HC recalculated the compensation, enhancing it to Rs 5,40,375 that included Rs 86,400 for loss of future earnings, Rs 27,000 for loss of income during laid up period, Rs 55,000 for pain and suffering, Rs 3,31,975 for medical expenses, Rs15,000 for transportation, attendant charges, diet and nourishment and Rs 25,000 for loss of amenities.

Disposing the appeal, the HC ordered, “Respondent No.2 (insurer) shall deposit the said amount, after adjusting the amount already paid/deposited if any, before the Tribunal within four weeks from the date of receipt of copy of this order. On such deposit, the Tribunal shall release the amount to the claimant.”