7 yrs on,HC asks Thane transport body to pay accident victim Rs 41 lakh

In 2008,a motor accident tribunal awarded him compensation of Rs 10.61 lakh. Gaouse later approached High Court seeking enhancement of compensation. He had claimed over Rs 65 lakh from the authority.

In its judgment,a division bench of Justice Abhay Oka and Justice A P Bhangale observed,“The right to life under Article 21 of the Constitution means more than survival. This would include the right to human dignity,right to health,right to potable water,right to pollution free environment and right to education,etc.”

The judges observed that in case of death,the initial shock for the family “gives way to a feeling of resignation and acceptance”. The court noted,“The case of an injured and permanently disabled person is,however,more pitiable and the feeling of hurt,helplessness,despair and often destitution,endures every day.”

The court said the tribunal had erred in deducting one-third of Shaikh’s earlier monthly earnings towards personal expenses. It pointed that such a deduction could be made only if the person had died.

The court took into account several factors including loss of earning,suffering caused,medical expenses and expenses for a water bed and wheelchair,which are needed for paraplegic persons.

Shaikh had stated that he suffered loss of sensation from the abdomen to the feet,absence of bladder control and loss of vision in his left eye.

“The appellant (Shaikh),in such a case,cannot avoid medical treatment on the ground that it has become expensive,” the bench noted.

The court directed TMT to pay 25 per cent of the total amount by way of a cheque and the rest through two fixed deposit accounts for 10 and 15 years. The judges fixed an interest rate of 7.5 per cent per annum on the FD amount.