The Bombay High Court (HC) has awarded a medical professional INR 83.40 lakh in compensation for a car accident that happened 14 years ago. The medical professional has partially lost her vision in the incident.
This took place when the victim, Dr. Madhavi Sahastrbuddhe, after completing her internship was travelling with her family from Kolhapur to Mumbai on November 18, 2005. Her husband was driving the Maruti car. One scorpio car was in excessive speed, who was also driving on the wrong side, dashed to their vehicle.
The complainant as well as others sustained injuries. The appellant sustained injuries on her head, chest and eye resulting in loss of vision. An offence was registered against the driver of the Scorpio vehicle.
The applicant, at the time, was holding MBBS Degree and was paid stipend of INR 8,200 per month. After the accident, she was admitted as indoor patient for several days. She was kept in the ICU.
On September 12, 2019, the Motor Accident Claims Tribunal (MACT) ruled on her accident claim. It ruled that the SUV driver was at fault. It found that Dr. Sahastrbuddhe would face permanent challenges, including difficulty walking, practicing medicine, and performing daily activities.
The tribunal also noted that she would struggle with reading, crossing streets, and seeing approaching cars from the right side. Despite these findings, the Tribunal concluded that her visual impairment would only reduce her earning capacity by 10%. Further, it ordered Oriental Insurance Company Ltd., the insurer for the SUV, to pay her about INR 2.90 lakh.
Dr. Sahastrbuddhe appealed to the Bombay high court and argued that the tribunal's judgement was not enough. She emphasised that her legal blindness is equivalent to 75% blindness. She claimed that this severely impacted her ability to earn a living.
On June 24, a one-judge panel led by Justice Arun Pednekar heard her case. The court ruled that Dr. Sahastrbuddhe was entitled to more compensation. Court assumed that it can be safely considered that she would get income of INR 30,000/- per month in her regular practise as an MBBS doctor.
The court also considered future prospects, pain and suffering, loss of amenities, special diet and transportation. Later, it ordered Oriental Insurance Company Ltd. to pay the INR 83.40 lakh within eight weeks. Additionally, the court also mandated a 7.5% interest rate annually from the date the accident claim was filed.
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