‘Who will pay mishap victim’s bills when public transport is involved?’

Surendra Shinde at the South Mumbai hospital. Pics/Santosh Shinde

In the past twenty-six days, the Shinde family has borrowed lakhs of rupees from friends and relatives to foot the bills of a private hospital in South Mumbai where Surendra Shinde, a 59-year-old cancer and accident survivor, is recuperating. Surendra, a resident of Goregaon East, needs to undergo surgery on an emergency basis on November 15 to prevent the spread of infection from his recently amputated leg. The family is now contemplating mortgaging their house to raise funds.

Their plight brings to the fore an important question: Who pays the immediate medical expenses of the victim of an accident involving public transport?
Surendra's brother, Santosh Shinde, 53, a child rights activist who was recently discharged from the hospital after a heart attack, said, "Surendra had taken up a job in Andheri after his retirement on October 1, and received '30,000 per month with which he supported his daughter, who is pursuing higher education, and his wife. On October 18, as part of a job assignment, he had been to a cooperative society in Sewri and was on his way to visit another one in Colaba."

"Around 1 pm, he spotted a BEST bus that was plying from Mahul to Mantralya and attempted to board the vehicle, which was in motion. A portion of the staircase, which was broken, pierced his left leg. The bus was allegedly on a speed breaker and the driver could not halt it immediately. Surendra was bleeding profusely and his broken bone was visible when he was brought to KEM hospital by the bus driver and others," recalled Santosh.

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Surendra Shinde (extreme right) and Santosh Shinde (extreme left)

"At the hospital, orthopaedic surgeons had no option but to amputate the leg. The risk of infection was a concern, as he was in the general ward. Making matters worse, Surendra tested positive for COVID-19 test and had to be shifted to Seven Hills Hospital in Andheri, where he recovered. We decided to shift him to the private hospital in South Mumbai where he had been operated on for cancer twenty years ago on October 22, as they had all his health records. Surendra, on admission, was operated for the second time to arrest the spread of infection," said Santosh.

"On Monday, the doctors informed us that they would have to operate on my brother soon for the third time. I have been asked to arrange for the money. We have no option but to mortgage the house. We have already taken hefty loans from our relatives and friends," said Santosh.

Trying time for family

Santosh added, "Just two months ago, I lost one of my elder sisters to cancer. We were coping with the loss when I had to get admitted at Holy Spirit hospital in Andheri after a heart attack and doctors have advised surgery to clear two blockages, which I have postponed after my brother's accident," said an emotional Santosh.

In 2013, Santosh lost his youngest brother Kailash Shinde, a journalist, who fell in the gap between a local train and a platform at Dadar station. He then started a campaign, which compelled railways to reduce these gaps.

Was bus unfit for service?

According to Santosh, the maintenance team of BEST should have checked the condition of the bus before allowing it to leave the depot. He alleged that the bus, as per preliminary inquiries by the police, was found to be discarded in 2019, but the BEST obtained a fitness letter from the RTO to continue operating it for another couple of years.

Police speak

According to police sub-inspector Nilesh Jadhav of RAK Marg police station, "The driver of the BEST bus was arrested and booked under Indian Penal Code Sections 279 (rash and negligent driving) and 338 (causing grievous hurt by act endangering life or personal safety of others). He was produced before the court and granted bail."

A preliminary inquiry has revealed that the victim tried to board the bus while it was in motion and the vehicle did not have its scheduled stop at the location, Jadhav said. Asked about the bus's condition, the PSI said, "We have checked the records, and BEST has validity to ply the bus until 2024."

BEST reacts

While BEST General Manager Lokesh Chandra is out of the country, a senior official at Backbay depot said, "We have initiated the charge sheet in the case and due process will be followed."

The BEST spokesperson, said, "As per our protocol, the driver, conductor or the accident officer, who are at the scene of accident are bound to take an injured victim to the nearest hospital be it a private, civic or government one. As this accident happened in Sewri, the nearest hospital was KEM, and the victim was shifted there. Also, the initial expenses during the course of admission and medicines prescribed was arranged by the BEST staff. As the doctors were awaiting family or next of kin to arrive and provide their consent for surgery, the BEST official was advised by the doctor to hold making any payment until the consent form was received."

The spokesperson added, "Our staff visited the hospital subsequently and were informed by KEM that the patient was shifted to Seven Hills. Since then, we have not been informed by the family or their relatives about the patient's whereabouts nor his being shifted to a private set-up in South Mumbai. But BEST has a procedure to bear the hospital expenses, including treatment and medical cost, as per the rule."

The spokesperson added, "As per the Bombay high court order, BEST discards all buses after 15 years, irrespective of their condition. We have initiated an inquiry into the claim of the relative and the findings will be brought on record and appropriate action, in case of any violation, will be taken."

Legal expert's opinion

Advocate Godfrey Pimenta of Watchdog Foundation said, "If the victim has boarded the BEST bus and was about to enter inside when he met with an accident, there is an implied contract on BEST and on the basis of the same there is a master-servant relation between the BEST driver and the BEST administration, and they jointly have a vicarious liability towards the passenger and therefore they need to be compensated as per law." "BEST should, as interim relief to the victim, should settle all the hospital expenses by paying the hospital directly to avoid any false or inflated claims if they suspect any," he added.

18
The day in October when the accident occurred