Bombay HC enhances compensation for kin 29 yrs after woman killed in bus, tractor collision

The petitioners — the victim’s husband Devappa Maskar and their minor children Manisha and Shipla — had challenged a order passed by Member of Claims Tribunal, Satara, awarding the family a total compensation of Rs 71,936 with interest at the rate of 12 per cent per annum. The tribunal had also directed the corporation to pay a compensation of Rs 53,952, which was 75 per cent of the total compensation, by holding that it was a case of contributory negligence.

According to the case, on April 26, 1990, Shakuntala was traveling from Mumbai to Kolhapur on an MSRTC bus. As the bus reached Khodashi, it collided with an oncoming tractor while it was trying to overtake a truck. Shakuntala died in the accident due to severe injuries.

The petitioners had claimed that the accident was caused due to rash and negligent driving by the driver of the bus. In the petition, it was stated that Shakuntala earned Rs 500 per month from a tailoring business and Rs 300 per month by selling vegetables.

The counsel for the corporation denied that the accident was caused due to rash and negligent driving of the driver of the bus. The corporation instead claimed that the accident was caused due to rash and negligent driving of the driver of the tractor-trolly. It further stated that both the drivers were equally responsible for the accident and the liability, if any, should be apportioned accordingly.

The insurer of the tractor denied before the tribunal that it was responsible for the accident. It added that the fact that a crime had been registered against the driver of the MSRTC bus itself suggested that the accident was caused due to rash and negligent driving by the driver of the bus. The tribunal, in its order, upon considering the evidence on record had held that it was a case of contributory negligence on the part of the MSRTC bus and the tractor trolly.