HC again seeks rly min’s decision on accident victim

Mumbai: Bombay HC has again requested the railway minister to take a decision on paying a final claim settlement of Rs 5 crore to a 25-year-old woman who has been in a persistent vegetative state since an accident at Marine Drive on May 28, 2017. Nidhi Jethmalani (then 17) was on her way to KC College when she was knocked down by a car owned by Western Railway (WR).
Justices Girish Kulkarni and Advait Sethna said they have "serious doubt" based on submissions in court whether the minister has been informed about its order last month directing WR officers to take instructions from him and request him to take a decision.

HC is hearing appeals against motor accident claims tribunal's Feb 2021 order that awarded Jethmalani nearly Rs 70 lakh compensation with interest and a Rs 1.5-crore corpus, whose interest would cover future medical and other expenses. While WR said the amounts awarded were high, Jethmalani, through her father, sought their enhancement.
On March 6, the judges observed that this is a fit case for a settlement. Jethmalani's father agreed to settle for Rs 5 crore. The judges then directed WR officers to "take instructions at the highest level, ie, cabinet railway minister". On April 3, they were informed by WR's advocate that "the issue is under consideration". On April 25, they were again told that "some opinions are being obtained". Jethmalani's advocate, Saumen Vidyarthi, said sufficient time was given to WR.
The judges noted in their order that they were not informed whether the minister made any remark on the proposal or whether the file was at all put up for his decision. "In fact, it appears that the file has not been placed" before the minister, they said. The HC order was very clear and detailed in requesting the minister to consider the case directly. HC said it would not be appropriate that officers below the railway minister take any decision in this situation. "However, this is what it appears is happening," it said. It said it was again requesting the railway minister to take a decision "as the appellant (Jethmalani) is suffering every day".
Posting the hearing for May 2, the judges sought an affidavit from WR's general manager or a competent officer from railway ministry as to when the file was placed before the minister.