Marilyn Remedios, a Bandra resident, was awarded the compensation in January, holding that the civic body had violated her human rights.
The Bombay High Court stayed an order passed by the State Human Rights Commission for two weeks on Thursday, directing the Brihanmumbai Municipal Corporation to pay Rs 10 lakh as compensation to the victim of a Mahim road accident that took place in 2015, due to a pothole not being fixed.
Marilyn Remedios, a Bandra resident, was awarded the compensation in January, holding that the civic body had violated her human rights. The amount was to be paid along with interest within six weeks.
A division bench of Justice Shantanu Kemkar and Justice MS Karnik, while staying the execution of the order, asked the Deputy Police Commissioner (Zone V), to file its reply to the petition filed by the civic body, challenging the Commission order.
On April 6, 2015, Marilyn was riding pillion with her husband Sheldon. Their bike ran over a pothole near Mahim Church and the couple fell down. Marilyn suffered a head injury and slipped into coma. Though she came out of it 25 days later, she lost her memory.
Advocate Trupti Puranik and Advocate Dhirjasheel Nalwade appearing for the civic body argued that the court should quash and set aside the order passed on January 19, by the State Human Rights commission, holding it as bad in law and excessive in its jurisdiction.
The petition of the civic body claimed that the order did not show any direct nexus between the incident and the alleged negligence on part of the corporation in not following due process while resurfacing of roads. Moreover, after the incident, it conducted an inquiry and locals near the Mahim Church area stated that they are not aware of any such accident having taken place.
It also relied on the fact that the victim had not filed any complaint with the Mahim Police.
COMPENSATION
- In 2015, the Bombay High Court had held that the right to a pothole-free road was a fundamental right of the citizens and this makes compensation in such cases a right.
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