Couple who lost their baby in an accident when their car's air bags failed to function, file compensation claim of Rs 99 lakh
Couple who lost their baby in an accident when their car's air bags failed to function, file compensation claim of Rs 99 lakh
When Sara Khan (29), set off on a drive with her husband Arfeen (41) on Tuesday, little did she know that she would save a life, but tragically at the cost of her own baby's.
|
A broken promise... |
|
|
The deflated air bags of the Mercedes E-280, which did not function at the time of the accident |
|
|
The damaged fender of Afreen Khan's Mercedes Benz. pics/Vinod Kumar Menon |
The Yari Road resident, who was around one and half months pregnant at that time, was at the wheel and cruising along at 35 kmph in their Mercedes E-280 near the Renaissance Club off Versova Link Road. Suddenly, a stray dog ran on to the path. To avoid hitting the dog, she took a sharp turn and the car crashed into an iron pillar on the side of the road.
According to Arfeen, the couple had been wearing their seatbelts, but the airbag that could have taken the impact of the crash failed to inflate. As a result, she lost the child they had been looking forward to after three years of marriage.
Faulty airbags
The failure of the airbags has compelled the Khans to file a petition in the state consumer dispute redressal commission against Mercedes Benz and the authorised distributors Auto Hanger (Area) Pvt Ltd, Prabhadevi, from where the car was bought in 2007 for Rs 42 lakh.
They have asked for a compensation of Rs 99 lakh and replacement of the existing vehicle for a new one on such terms, as the court deems fit and proper.
The couple registered the accident details with the Versova police station and Sara visited a gynaecologist the next day.
Miscarriage Dr Veena Shinde, the gynaecologist from Andheri confirmed that Sara had visited her, complaining of severe abdomen pain and bleeding. "It was an early case of pregnancy," she said. She also certified (a copy is with MiD DAY) that the miscarriage was due to blunt trauma caused by a vehicular accident.
"My trust has been betrayed and I will continue to fight till justice is done to me and my wife. The car assures safety, but it could not save my unborn child," said an emotional Arfeen.
However, Roshan Mendonca, senior sales manager, Auto Hanger, said, "Since we haven't been informed by the customer about any such accident, we are not aware of the same nor have any clue about the petition. The car was last brought to us in August 2008 for routine servicing. However, we will look into the matter."
Added Manas Dewan, general manager, corporate communications, Mercedes-Benz India Pvt Ltd, "The case you mention has not been reported to us. Therefore, at this moment we are unable to comment on the matter."u00a0
Advocate Ashok Sarogiu00a0 who is representing the couple said, "This is a clear case of deficiency of service."
The matter will come up for hearing on July 9.
