Karnataka HC Orders NEKRTC To Pay Rs 26 Lakh Compensation For Negligence In Woman's Death From Faulty Bus Door
Date
7/29/2024 2:00:27 AM
(MENAFN- AsiaNet News) Karnataka High Court has ordered the North East Karnataka Road transport Corporation (NEKRTC) to pay Rs 26.43 lakh in compensation for the death of a woman who fell from a malfunctioning bus door. The court's decision highlights the severe negligence of the bus service provider.
What was the incident?
The case dates back to August 6, 2019, when Jayalakshmi, a 28-year-old woman, was travelling home after work. The incident occurred in Raichur when the bus she was in, driven recklessly, swerved suddenly. The automatic doors of the bus, which had been broken for three to four years, failed to close properly. As a result, Jayalakshmi fell from the open door and tragically died.
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The initial compensation awarded was Rs 15.93 lakh for Jayalakshmi's two children. NEKRTC challenged this decision, arguing that Jayalakshmi's fall was due to her negligence. The corporation contended that the passenger fell out of the bus and that the accident was not solely due to the broken door.
Rejecting NEKRTC's arguments, the High Court upheld the compensation amount. The court increased the total compensation to Rs 26.43 lakh, which includes an additional Rs 10 lakh awarded for the negligence. NEKRTC has also been directed to pay 6% interest on the compensation amount from the date of the claim to the payment date.
The High Court's judgment emphasized that the bus's broken doors posed a clear danger to passengers. Testimonies revealed that the doors had been malfunctioning long before the accident. The court concluded that the driver's reckless driving, including sudden swerves at high speeds, was a critical factor in the incident.
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Jayalakshmi, who earned Rs 12,000 per month, had left behind two children. Although the claimant did not provide evidence of her exact earnings, the court applied guidelines from previous Supreme Court rulings and state legal authorities to determine the final compensation amount.
In addition to the compensation, the tribunal initially awarded Rs 29.50 lakh at an 8% interest rate annually. NEKRTC's appeal against this ruling was dismissed, affirming the tribunal's decision and holding the corporation responsible for the compensation.
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