Bus Accident Alters Life of Young Student
In a landmark judgment that acknowledges the social consequences of disability, the Gujarat High Court has directed a contractor of the Ahmedabad Municipal Transport Service (AMTS) to pay ₹3 lakh as compensation to a woman for the loss of her matrimonial prospects. This compensation comes in addition to earlier amounts awarded for a tragic bus accident in 2011 that resulted in the amputation of her left leg.
The Fateful Day: January 5, 2011
The case involved Jigisha Patel, who was a 19-year-old student enrolled in a Primary Teacher Certificate course at the time of the incident. On January 5, 2011, she was travelling in an AMTS bus from Lal Darwaja to Malav Talav. As she was in the process of getting off the bus at her destination in Malav Talav, the driver started the vehicle prematurely, causing her to fall onto the road.
The front wheel of the bus ran over her left leg, causing injuries so severe that medical professionals had to amputate the limb. This single moment irrevocably changed the trajectory of the young student's life.
Legal Battle for Adequate Compensation
Patel initially sought ₹30 lakh in compensation from the bus driver, the AMTS bus contractor Shree Adinath Buk Carriers, and their insurance company. Her legal team cited the driver's negligent and reckless conduct as the direct cause of her permanent disability.
In 2019, the Motor Accidents Claim Tribunal awarded her ₹11.96 lakh in compensation with 9% interest for her disability and related claims. However, dissatisfied with what she considered an insufficient amount, Patel appealed to the High Court for an enhancement of the compensation.
Her counsel argued that the tribunal had failed to consider the significant impact the disability would have on her matrimonial prospects. They also contended that the ₹25,000 awarded for pain, shock and suffering was inadequate, especially considering her artificial leg requires replacement every three to five years, representing a recurring financial burden.
High Court's Landmark Ruling
The lawyers representing the bus contractor and the insurance company opposed the appeal, but Justice H D Suthar delivered a verdict that recognized the broader social implications of the accident.
Justice Suthar observed, "It is to be noted that at the time of the accident, the appellant was a young lady aged about 19 years, who lost her left leg in the accident. However, the tribunal erred in failing to award any compensation for the loss of matrimonial prospects. Considering the same, the claimant-victim is entitled to get ₹3,00,000 under the head of loss of matrimonial prospects."
The High Court also significantly enhanced the compensation for pain, shock and suffering from ₹25,000 to ₹2 lakh. In total, the court ordered an increase of ₹7.15 lakh in compensation under different heads, with the diminished prospects of marriage representing a substantial component of this enhanced award.
Broader Implications of the Verdict
This judgment sets an important precedent in recognizing how accidents and resulting disabilities can affect various aspects of a victim's life beyond immediate physical and financial concerns. The court's acknowledgment of the impact on matrimonial prospects reflects a more comprehensive understanding of the social challenges faced by persons with disabilities.
The enhanced compensation for pain and suffering also acknowledges the ongoing challenges Patel will face throughout her life, including the recurring expense of maintaining and replacing her prosthetic limb.
This case highlights the continuing responsibility of public transport services to ensure passenger safety and the legal system's evolving approach to compensating victims for both tangible and intangible losses resulting from negligence.
