Mumbai Tribunal Awards Rs 1 Crore Compensation in Fatal Hit-and-Run Case
In a landmark ruling, the Motor Accident Claims Tribunal in Mumbai has directed a 44-year-old teacher from Nepean Sea Road, her husband, and an insurance company to jointly pay a total compensation of nearly Rs 1 crore to the family of a 25-year-old dental intern who died in an alleged hit-and-run incident in 2018. The amount includes accrued interest, bringing the final award to approximately Rs 98.5 lakh.
Details of the Tragic Incident
The victim, Dipali Lahamate, a BDS graduate, was undergoing her internship at Nair Hospital Dental College at the time of her death. On March 24, 2018, she was crossing the road at the N S Road signal near Parsi Gate while heading to her brother's convocation. A Honda City, driven by the accused teacher Shikha Zhaveri, hit her at high speed after jumping a red signal. Lahamate suffered severe head injuries and succumbed to her wounds six days later during treatment.
Tribunal's Findings on Negligence
The tribunal, presided over by member R R Patwari, concluded an eight-year legal battle by holding the driver entirely responsible for the fatality. It rejected arguments from the driver and insurer Bajaj Allianz General Insurance Co Ltd that Lahamate was negligent due to alleged mobile phone use. Instead, the tribunal relied on testimony from an independent eyewitness who confirmed the car broke the signal at high speed.
The tribunal stated, "The accused driver was duty-bound to stop the vehicle at the traffic signal until it turned green. This clearly shows there was no negligence on the part of the deceased." It further defined negligence as a failure to exercise the required care expected of a prudent driver, emphasizing that proper driving would ordinarily prevent such accidents.
Compensation Calculation and Distribution
To determine the compensation, the tribunal considered Lahamate's high academic achievements and potential career as a dentist. Despite earning only a Rs 6,000 stipend during her internship, her notional income was set at Rs 40,000 per month based on her prospects. The tribunal referenced a similar case, noting that medical practice is a rewarding profession, and Lahamate could have pursued further studies like an MD.
The final award breakdown includes:
- Rs 60.48 lakh for loss of dependency
- Rs 2.05 lakh for medical expenses
- Approximately Rs 84,700 for conventional heads such as funeral expenses and loss of estate
An interest of seven percent has been applied since 2018. With Lahamate's father, a farmer, passing away during the proceedings, the bulk of the compensation is awarded to her mother, Manda Lahamate, with smaller portions for her siblings, Sarika and Abhinay, both doctors.
Legal Proceedings and Current Status
Shikha Zhaveri, who is out on bail, is facing trial for causing death by negligence before a magistrate's court, with three witnesses having deposed so far. The family filed the claim with the tribunal in June 2018, leading to this decisive ruling that underscores the importance of road safety and accountability in traffic violations.
