MUMBAI: A 44-year-old Nepean Sea Road teacher, her husband, and the insurance company have been ordered to jointly pay nearly Rs 1 crore as total compensation to the family of a 25-year-old dental intern killed in an alleged 2018 hit-and-run. The amount is inclusive of interest. Dipali Lahamate, a BDS graduate, was undergoing her internship at Nair Hospital Dental College at the time of her death. The legal battle before the Motor Accident Claims Tribunal, which spanned eight years, concluded with member R R Patwari ordering the driver, Shikha Zhaveri, the vehicle owner and her husband Ankur Zhaveri, and insurer Bajaj Allianz General Insurance Co Ltd, to jointly pay a compensation of approximately Rs 98.5 lakh.
The tribunal held that the driver was entirely responsible for the fatality after jumping a red signal, rejecting claims that the victim’s use of a mobile phone contributed to the accident. The tribunal found the driver’s actions to be the sole cause of the death. Regarding the duty of care, the tribunal observed, “The accused driver was duty-bound to stop the vehicle at the traffic signal until the signal turns green. This clearly shows that there was no negligence on the part of the deceased.” The tribunal further defined the failure of the driver, stating, “Negligence means failure to exercise the required degree of care which is expected of a prudent driver. When a motor vehicle is being driven with reasonable care, it would ordinarily not meet with accident.“Lahamate was headed to her brother’s convocation on March 24, 2018. While she was crossing the road at the N S Road signal near Parsi Gate, a Honda City driven by the accused driver hit her at high speed. Lahamate suffered severe head injuries and died six days later during treatment.“The academic records of the deceased include her marks-memos which show that she had passed her 10th and 12th and graduation in BDS with good marks. She was a brilliant student. AW2 (a witness) has stated that after completion of BDS, there are various govt and private sectors for the students to join. The deceased was aiming to practice as a dentist,” the tribunal noted.The driver and the insurer argued that Dipali was negligent, claiming she was distracted by her phone and stepped onto the road abruptly. However, the tribunal relied on the testimony of an independent eyewitness who followed the car after the hit-and-run. The witness confirmed that the pedestrian signal was red for vehicles when the car “came in high speed, broke the signal and struck the said woman”.Out on bail, Shikha is facing trial for causing death by negligence before a magistrate’s court. So far, three witnesses have deposed. To determine the compensation, the tribunal considered the victim’s high academic standing and the career trajectory of a medical professional. Although she was only earning a stipend of Rs 6,000 at the time, the tribunal set her notional income at Rs 40,000 per month. The tribunal quoted an order in similar case which said, “The deceased was a diligent and outstanding student of medicine who could have pursued her MD after her graduation and reached greater heights. Today, medical practice is one of the most sought after and rewarding professions.”Lahamate’s family moved the tribunal in June 2018. The final award included Rs 60.48 lakh for loss of dependency, Rs 2.05 lakh for medical expenses incurred during her treatment, and approximately Rs 84,700 for conventional heads like funeral expenses and loss of estate. It also attracted an interest of seven percent since 2018. Since Dipali’s father, a farmer, died during the proceedings, the bulk of the compensation was awarded to her mother, Manda Lahamate, with smaller portions designated for her siblings, Sarika and Abhinay, who are both doctors.
