Friday, September 12

Doctor’s Family Fought for Justice

The wife and children of a 30-year-old senior resident doctor at ESIC Hospital, who died in May 2023 after being run over by a bus while riding a two-wheeler, have been awarded ₹2.52 crore in compensation. Despite financial hardships, the family refused to settle with the insurance company’s initial offer and pursued the case to secure justice.

Tribunal Holds Rash Driving Responsible

The Motor Accident Claims Tribunal, led by District and Additional Sessions Judge Shelly Arora, directed New India Assurance Co. Ltd. — the insurer of the offending vehicle — to pay the compensation. The tribunal held that rash and negligent driving by the bus driver was the cause of the fatal accident.

Victim Was Sole Breadwinner

The victim, Dr. Yaseen Khan, earned over ₹1.43 lakh per month as a senior resident and was the sole breadwinner for his wife, three minor sons, parents, and an unborn child who was born four months after his death. The tribunal noted that even the unborn child should be considered a dependent at the time of the accident.

Supreme Court Guidelines Considered

Citing a 2017 Supreme Court ruling, the tribunal observed that compensation in motor accident cases should neither be a “windfall” nor “an apology.” It stressed that such claims must be viewed in a broad and practical manner, distinct from regular civil suits.

Widow Vows to Fulfil Husband’s Dream

Overwhelmed with relief, Dr. Khan’s wife, Bano, told The Indian Express, “The last two years have not been easy for me and my children. My parents supported us, but it was tough to even pay for the kids’ education. With this compensation, I will first build a house and ensure my children get the best education. Their father always dreamed of making them doctors — I will fulfill that dream.”

Lawyer Lauds Court’s Decision

Advocate Sumit Chaudhary, representing the family, said the insurance company had offered an amount earlier but the family chose to fight on. “Dr. Khan’s family spent their hard-earned money on his education. He had even been selected for the armed forces but pursued medicine instead. The court’s decision has brought relief and hope for his children’s future,” the lawyer said.

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