MUMBAI: The Supreme Court imposed a cost of Rs 50,000 on Maharashtra State Road Transport Corporation (MSRTC) “for failure to appear in and assist this Court” in an appeal filed by a road accident victim.
Justices Sudhanshu Dhulia and Ahsanuddin Amanullah on March 17 directed that its judgment be sent to the MSRTC managing director to pay the amount to the victim within 30 days.
The vehicular accident occurred in July 2009, caused by “rash and negligent driving of an MSRTC bus,” the SC noted. The victim, Madivalappa, last year filed an appeal before the top court against MSRTC and a 2020 judgment of the Karnataka High Court, which enhanced the compensation payable to him to 3 lakh.
He was 27 when he landed in the hospital with grievous injuries. He approached the Motor Accidents Claims Tribunal (MACT) claiming Rs 23 lakh as compensation.
The MACT assessed his disability at 20 percent and awarded Rs 2.6 lakh as compensation. He moved the HC citing its inadequacy. The HC, considering the gravity of injuries, added Rs 30,000 for medical expenses and Rs 15,000 for loss of income during the injury. The MACT had pegged the loss of earning during recovery as Rs 4000 an future earning loss at Rs 1.63 lakh.
Before the SC, his counsel argued that the HC did not enhance compensation for “loss of future earning” as required under a 2009 SC ruling, nor factor in “future prospects” as mandated by the SC in another 2017 ruling.
The SC agreed. Applying correct multipliers, it said the enhanced payout should be Rs 3.84 lakh. The SC observed that despite notice, MSRTC did not appear before it to argue and directed the additional Rs 72,000 to be paid by the Maharashtra corporation within 30 days with 6 percent interest yearly from the date of the claim plea. Failure to comply will entail an additional 8 percent interest on the principal as well, for the delay period.