The Thane Motor Accident Claim Tribunal has awarded a compensation of Rs 5.55 lakhs with 7 percent interest from October 2006 to a 23-year-old domestic cook for grievous injuries suffered in a road accident, following which her baby died in the womb.
Tribunal Judge S Y Kulkarni recently ordered the two respondents Sharda Wagh, owner of the Tata Sumo vehicle and The New India Assurance Co Ltd to jointly and severally make the payment to the complainant Vimala Anthony Mudaliar, a resident of Savarkar Nagar of Thane city.
The complainant who was earning a sum of Rs 3500 per month as a domestic cook said in her complaint that on the April 9, 2006 when she was walking by the roadside of Indira Nagar, a Tata Sumo dashed her from the rear as a result of which she sustained grievous injuries.
In her plaint, she said the vehicle was being driven in rash and negligent manner and hence claimed a compensation of Rs 4,00,000.
The defence pleaded that the driver was driving the vehicle at moderate speed but in order to save two school boys who at that time were suddenly crossing the road, the driver of the jeep took a left turn and dashed against the woman who was speedily crossing the road without observing the traffic.
In her submission, the applicant further stated that as a result of the severe collision she sustained grievous injuries to her legs, thigh, foot, hand, chest, spine, womb, abdomen and waist.
As she was pregnant at the time of the accident, the foetus got aborted on the spot.
According to Vimala, after the traumatic abortion of her first child in the accident, she has not been able to conceive till date. She has consulted many specialists and has undergone advanced treatments including IVF treatment. She has also deposed that her injuries have severely affected her daily life.
Her permanent partial disability was assessed at 20 per cent by the Civil Surgeon here.
