Mumbai: In one of the largest compensation payouts involving BEST, a Motor Accident Claims Tribunal has directed the transport undertaking to pay nearly Rs 5.25 crore (inclusive of interest) to the Mahim-based wife and children of a 55-year-old interior designer, killed by a speeding bus in 2018 while crossing the service road of Eastern Express Highway near Mulund to return to his car after answering nature’s call.BEST, represented by BMC, alleged that Hemant Joshi was talking on a mobile phone while crossing the road indiscriminately and failed to notice the approaching bus or hear the horn before colliding with the vehicle. Rejecting the defence, the tribunal relied heavily on the police investigation, the charge sheet and eyewitness deposition from Joshi’s assistant, who confirmed the reckless driving of the bus driver. “In the present case, documents filed on record are sufficient to prove the accident occurred due to rash and negligent driving of the driver of the offending vehicle,” the tribunal said.The tribunal calculated the compensation based on income tax returns, determining an average annual income of over Rs 35 lakh for the deceased. The tribunal ordered that 60% of the amount with accrued interest be paid to the wife, while 20% each with accrued interest be paid to the son and daughter. BMC was directed to deposit the apportioned amounts directly into the applicants’ bank accounts through NEFT or RTGS within two months.The claim was presented before the tribunal on Aug 10, 2018, by Joshi’s wife Bhagyashree, son Yashodhan and daughter Esha. Joshi’s mother, Shakuntala Joshi, was originally a claimant but died during the pendency of the proceedings and was deleted from the array of applicants.According to the claimants, Joshi had gone to VFS Global at Urmi Estate in Lower Parel on May 15, 2018, along with driver Subhash Baburao Gadekar and assistant Sachin Ramesh Chavan. After finishing work, the three proceeded towards Thane in Joshi’s car. Around 2.30 pm, when the car reached the Eastern Express Highway service road on the Thane flank at Mulund, Joshi asked the driver to stop because he wanted to attend nature’s call.The claim said that after attending nature’s call, Joshi was walking back towards the car with due care and caution when a BEST bus came at excessive speed. The family alleged that the bus was driven rashly and negligently, the driver lost control, and the bus gave a forceful dash to Joshi. The impact caused severe multiple injuries, including skull and pelvic fractures. Gadekar and Chavan took Joshi to Fortis Hospital, where Joshi died during treatment on May 17, 2018.The police registered offences for causing death by negligence and rash and negligent driving. The claim relied on the FIR, post-mortem report, wound certificate, death certificate, medical papers, hospital bills, charge sheet and income tax returns.BMC claimed that the bus was travelling from Mulund Bus Depot to Prabodhankar Thackeray Udyan, and that after the driver halted at the Bhandup PVM bus stop and proceeded, Joshi came in front of the bus. BMC said the driver sounded the horn and stopped the bus, but Joshi allegedly continued walking and collided with the left side of the bus. The tribunal did not find substance in the allegations.For assessing compensation, the tribunal considered Joshi’s income tax returns. His chartered accountant deposed that Joshi was running an interior designing business under the name Hemant Joshi and Associates as a proprietor and that the returns had been e-filed through the accountant.Since Joshi was self-employed and the income fluctuated, the tribunal took the average of three previous assessment years. The tribunal noted his age and also added 10% towards future prospects and deducted one-fourth towards personal expenses because there were four dependants at the time of the accident.The tribunal also accepted components: medical expenses, loss of dependency, loss of estate and funeral expenses.
