Bombay High Court
Maharashtra State Road Transport ... vs Kunjilal S/O Nandalal Bandhate And ... on 22 October, 2024
Author: M.W. Chandwani
Bench: M.W. Chandwani
2024:BHC-NAG:12264
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO.1309 OF 2019
Maharashtra State Road Transport Corporation
through its Divisional Controller,
Office at Sitabuldi, Railway Station Road,
Nagpur. ...APPELLANT
(Orig. Resp.)
(On R.A.)
...V E R S U S...
1. Kunjilal s/o Nandalal Bandhate
Aged about 56 years, Occ: Labour.
2. Janunabai W/o Kunjilal Bandhate,
Aged about 51 years, Occ: Housewife
Both R/o Shaniwari Ward, Ramtek,
Near Milk Dairy, Tah. Ramtek,
Dist. Nagpur. ...RESPONDENTS
(Orig. petitioners)
(On R.A.)
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Mr. V.H. Kedar, Advocate for Appellant.
Mr. Ritesh Badhe, Advocate for respondents.
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CORAM :- M.W. CHANDWANI, J.
ARGUMENTS WERE HEARD ON :- 24.07.2024.
JUDGMENT PRONOUNCED ON :- 22.10.2024
JUDGMENT:
1. Correctness of the impugned judgment and award dated
16.04.2018 passed by the Member, Motor Accident Claims
Tribunal-1, Nagpur (for short, "Tribunal") in Claim Petition
No.1287/2012 is questioned in this appeal, whereby the Tribunal
has awarded compensation of Rs.9,67,200/- to the dependents of
deceased Kapil Bandhate, who died due to injury suffered in an
accident that occurred on 13.05.2009.
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2. On the fateful day, deceased Kapil was proceeding his
cycle by the side on Ramtek road near Khindsi Talav. At that time,
a bus bearing registration No.MH31W9534 was proceeding from
Bhandara towards Ramtek at high speed and the driver of the said
bus was driving the bus in a rash and negligent manner. He lost
control over the bus and gave a forceful dash to the cycle. The
deceased sustained grievous injuries. He was admitted in GMC
Hospital, Nagpur. The condition of the deceased was serious and
there was no hope for recovery. The respondents were not in a
position to pay the bills of a private hospital. The treating doctor
of GMC Hospital advised them to treat the patient conservatively
at home. The deceased Kapil was discharged from the Government
Hospital. The deceased was bedridden. Before his death, Claim
Petition No.658/2009 was filed by the deceased for compensation
of injury suffered by him. Pending the said petition, on
04.10.2009 he died and therefore, the petition came to be
withdrawn with liberty to file a fresh petition. Thereafter, the
present claim petition came to be filed by parents of the deceased
for loss of dependency and compensation under other heads. The
Tribunal by the impugned award granted compensation amount of
Rs.9,67,200/- alongwith interest at the rate of 7.5% per annum
from the date of claim petition till its realization.
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3. Feeling aggrieved with the amount of award, the present
appeal came to be filed by the appellant- Maharashtra State Road
Transport Corporation.
4. The main contention raised in this appeal is that there is
nothing on record to suggest that the death of the deceased is
direct result of the accident in which he sustained injuries.
5. Mr. V.H. Kedar, learned counsel appearing on behalf of
the appellant submitted that there is no evidence on record to
show that the deceased died due to the accident. According to
him, there is no postmortem report and no doctor has been
examined by the respondents.
6. Per contra, Mr. Ritesh Badhe, learned counsel appearing
on behalf of the respondents submitted that the documents on
record justify that the death of deceased Kapil is a direct result of
the injuries suffered by him in the accident dated 13.05.2009. In
the accident, he suffered grievous injuries to his spinal cord
whereby movements of both the limbs were stalled and he was not
able to even sit or do daily persuade on his own including taking
meal. The treating doctor at Government Hospital by advise
suggested them to manage the patient conservatively at home and
after some days Kapil died.
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7. Having heard the learned counsel for the respective
parties and having gone through the material on record and the
impugned award, it transpires that there was an accident on
13.05.2009 in which the bus belonging to the appellant bearing
registration No.MH31W9534 gave a dash to the cycle of the
deceased whereby, he sustained injuries to his spinal canal. The
driver of the bus was driving the bus in a rash and negligent
manner. The deceased was admitted to GMC Hospital, Nagpur.
8. The accident is not disputed. Rather, on 27.06.2009, an
FIR came to be lodged about the incident and the driver of the
offending vehicle was prosecuted for the offences punishable
under Sections 279, 337, 338 and 427 of the Indian Penal Code,
1860. Even the eye witness who was traveling in the bus has been
examined. Therefore, material on record establishes the fact that
deceased Kapil sustained the injuries in the said accident in which
the bus belonging to the appellant was involved.
9. Perusal of discharge summary of the Government
Medical College, Nagpur and MRI reveals that the deceased
sustained the following injuries in his spinal canal, which are
reproduced as under:
"F/S/O communicated burst # of C5 Vert. C post
displacemnet of fractured fragment into spinal canal causing
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significant narrowing C residecal dia 0.05 cm C # of both
laminar of C5 Vert.
MRI. MRI cervical spinal study reveals -
1) Burst compression # C5 vertebra C bucking of post. Cortex
causing significant spinal canal compromise C residual spinal
canal diameter measuring 7.5 mm.
2) spinal cord contusion C hacmerrageic component
extending from cervicomeduciary junctn to C6 vert.
3) Asso. # ½ marrow oedema moving C5 ½ C6."
10. It transpires from the documents on record that injuries
to the spinal canal were very grievous. The evidence of PW1, the
father of the deceased shows that he was informed by the doctor
that the vertebra canal of his son is totally damaged and even an
operation could not be performed to restore the same. The doctor
also opined that the deceased may not survive and nothing can be
done. Additionally, he was advised to treat the patient
conservatively at home. Thus, evidence of the claimant is
supported by the discharge certificate, wherein all the injuries
have been mentioned and even the petitioner was advised to treat
the patient conservatively is also mentioned. Just because the
patient died at home it cannot be said that death of Kapil is not a
direct result of the accident. One can take into account of the fact
that the deceased was bedridden and he was unable do his daily
activities on his own. Expecting no recovery the doctor advised the
parents to take the patient home to treat him conservatively. This
fact goes to suggest that doctor had no hope of survival of the
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deceased. Just because postmortem on the body of the deceased
was not conducted it cannot be presumed that the death is not a
direct result of the accident. One cannot lose sight of the fact that
the accident occurred on 13.05.2009 and the deceased died after
almost 4 ½ months from the accident. Obviously before that
investigation of the crime was completed and charge-sheet must
also have been filed before the trial Court and therefore, there was
no occasion for anybody to suggest the poor and illiterate parents
of the deceased to inform the police.
11. The surrounding circumstances brought on record clearly
establish that death of deceased Kapil has a direct nexus with the
accident which occurred on 13.09.2009. Therefore, I do not find
substance in the argument of the learned counsel for the
appellant. The Tribunal, by giving reasons and considering the
facts of the case has rightly passed the impugned award. No
interference is required in the impugned impugned award at the
hands of this Court. The appeal is devoid of merits. Hence, it is
dismissed.
JUDGE
Wagh
