Mumbai News: MACT Awards ₹83.65 Lakh Compensation To Family Of BMC Pest Control Worker Killed In BEST Bus Accident
· Free Press Journal
Mumbai, March 7: The Motor Accident Claims Tribunal (MACT) in Mumbai has awarded compensation of Rs 83.65 lakh to the family of a Brihanmumbai Municipal Corporation (BMC) pest control worker who died in a road accident involving a BEST bus in 2020.
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Compensation awarded to victim’s family
The order was passed by MACT Member Gauri Kawdikar in a claim petition filed by the deceased’s family members — Laxmibai Arjun Bamble (wife), Karan Bamble and Haridas Bamble (sons), and Darshna Dangle (married daughter).
The tribunal, while passing the orders, maintained, “The post mortem reports clearly show that deceased Arjun died due to the injuries sustained in the accident. On the basis of FIR, the Spot Panchanama, Inquest Panchanama, the Cause of Death in the death certificate shows that Arjun Bamble expired due to the injuries sustained in the accident. Advocate for BEST has not challenged the correctness or authenticity of the police papers,” thus holding that Arjun died due to the rash driving of the BEST bus.
Accident occurred on JVLR in 2020
According to the claim petition, Arjun Shivram Bamble, 48, was returning after completing his pest control duty when the accident occurred on April 13, 2020, around 11:25 am at Bindu Madhav Thakre Chowk on the Jogeshwari–Vikhroli Link Road (JVLR), Vikhroli (East).
Bamble was travelling on his motorcycle when a BEST bus, which was allegedly driven at high speed and in a rash and negligent manner, hit his vehicle. He sustained severe injuries to his chest and abdomen and suffered a fractured leg. He was rushed to Dr Babasaheb Ambedkar Hospital in Vikhroli, where doctors declared him dead before admission.
FIR filed against BEST bus driver
Following the incident, Vikhroli Police registered an FIR against the bus driver Dadasaheb Narayan Bhandare under Sections 279 and 304A of the Indian Penal Code and Section 184 of the Motor Vehicles Act.
Tribunal rejects claim of contributory negligence
During the proceedings, the BEST undertaking denied negligence on the part of the bus driver and argued that the accident occurred due to the fault of the motorcyclist. The driver also claimed that the rider had attempted to overtake the bus and that the deceased was not wearing a helmet.
However, the tribunal rejected the contention of contributory negligence. It observed that the FIR and charge sheet were filed against the bus driver and no material was produced to establish negligence on the part of the deceased. The tribunal further noted that not wearing a helmet may attract penalties under the Motor Vehicles Act but does not amount to contributory negligence for the accident itself.
Tribunal cites victim’s income and dependents
The tribunal held that the accident occurred due to the rash and negligent driving of the BEST bus driver and that Bamble died due to injuries sustained in the crash.
Evidence placed before the tribunal showed that Bamble was working as a pest control worker in the Public Health Department of the BMC’s ‘S’ Ward and was earning a monthly salary of about ₹53,488 at the time of the accident.
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Mumbai News: MACT Dismisses BEST’s ₹21,083 Claim Over 2016 JCB Pole Damage Citing 6-Year DelayAfter considering his income, age and dependents, the tribunal calculated the compensation and awarded a total of Rs 83,65,430 to the family along with 9% annual interest from the date of filing the petition until realisation.
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