Mumbai Court Convicts Central Railway Driver In 2017 Marine Drive Crash Case
· Free Press Journal
Mumbai, May 16: A metropolitan magistrate court has convicted 66-year-old driver P. Narayanasamy Poosaripadaiyachi, employed with the Railway Commissioner, for rash and negligent driving that caused grievous hurt to 25-year-old Nidhi Jethmalani, who was left in a vegetative state after a road accident in May 2017.
The court, however, showed leniency and imposed a fine of Rs25,000, which if paid will be given as compensation to the victim.
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Court cites age, clean record while granting leniency
The court noted that the accused is a first-time offender, the incident occurred over eight years ago, and he has already undergone the ordeal of trial. It also considered his family background and observed that the case involved a single lapse, which justified a lenient view.
Victim was crossing road for college admission
The accident took place on May 28, 2017, when Jethmalani was crossing near Marine Plaza hotel on Marine Drive while heading to KC College for Class 12 admission.
She was hit by a Western Railway-owned Innova driven by Poosaripadaiyachi and suffered severe head and waist injuries. She was rushed to Bombay Hospital, and her friend Chirag Maru later lodged a complaint at the Marine Drive police station.
High Court hearing pending in compensation challenge
In 2021, the Motor Accident Claims Tribunal (MACT) awarded Rs69.92 lakh compensation with interest and also sanctioned a Rs1.5 crore corpus for future medical care.
Western Railway challenged the award, alleging contributory negligence, claiming she was on her mobile phone and the pedestrian signal was red. The matter remains pending before the High Court.
Eyewitnesses testified vehicle was speeding
The trial began in February 2022, during which the prosecution examined four witnesses, including Maru, another eyewitness, and a medical expert.
Maru testified that the vehicle was speeding at about 70 kmph and hit her. Another eyewitness, Shreyas Prakash Palkar, said the accident occurred on a zebra crossing when the walking signal was green. Medical expert Dr. Vijaya Kumar confirmed grievous injuries.
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The accused denied wrongdoing, claiming false implication. However, the court rejected the defence, noting no enmity or motive was suggested to eyewitnesses. It also observed he was driving an official Railway vehicle, reducing chances of false implication.
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