Parents of youth killed in road mishap compensated well

The fact that a 26-year-old was in pursuit of higher education when he was knocked down and killed by a negligently-driven heavy vehicle belonging to Brihanmumbai Municipal Corporation (BMC) has prompted Bombay High Court to increase by almost 200 per cent the compensation amount awarded by the Motor Accidents Tribunal to his ageing parents.

Justice Mridula Bhatkar, while disposing off the plea filed by Vijay and his wife Raksha Gordia increased the compensation amount awarded of Rs 5,57,000 to Rs 15, 80,800. It observed "His (the deceased, Shaishav) admission in the Welingkar Institute shows that he wanted to take better education and was a hard worker and would have definitely contributed to his father's business. Thus, the tribunal, in awarding the lesser amount has failed to consider the future prospects."

The parents had moved the court claiming the procedure adopted to award the compensation was incorrect. Shaishav, in 2009, was on his way to work on his motorcycle when the tanker hit him, on the Mumbai-Thane highway. He was declared dead on arrival at Sion Hospital.

It was argued that the tribunal has erred in fixing the notional income of the deceased at Rs 4,000 per month. The deceased had studied BCom and taken admission for a management course. Income, shown as last drawn by the deceased at his father's business, ought to have been taken into account, which comes to Rs 13,000 per month instead of Rs 4,000 per month. Further, the tribunal has not considered compensation under the head of 'future prospects' at all, which should have been granted, considering the age of the deceased. The claim was opposed by the corporation.

The court, after going through the tribunal's order and other records before it, increased the compensation amount.