A Mumbai court has convicted the driver who mowed down a 17-year-old girl near Marine Drive in 2017, leaving her in a persistent vegetative state — but the punishment has left many stunned. The metropolitan
magistrate imposed a fine of Rs 25,000, which will be paid as compensation to the victim. That’s roughly the price of a mid-range smartphone for a life derailed forever.
P. Narayanasamy Poosaripadaiyachi, 66, employed with the Railway Commissioner, was convicted for rash and negligent driving that caused grievous hurt to Nidhi Jethmalani. The accident happened on May 28, 2017, when the then 17-year-old Nidhi was crossing Marine Drive near Marine Plaza hotel on her way to KC College to seek admission in Class 12.
A speeding Innova came around a traffic signal and struck the divider, went further, and knocked Nidhi down. She was flung a good distance and suffered serious injuries to her head. Since then, she has been in a vegetative condition and suffered 100 per cent disability.
Why Did The Court Go Easy On The Driver?
The court cited his age, clean record, and the fact that the incident occurred over eight years ago and he had already undergone the ordeal of trial. It considered his family background and called it a single lapse, justifying a lenient view. Critics argue the leniency benchmark was the driver’s suffering — not the victim’s.
What Has Nidhi’s Family Been Fighting For All These Years?
The criminal conviction is just one front of a long legal war. In February 2021, the Motor Accident Claims Tribunal awarded Nidhi Rs 69.92 lakh with interest, along with a Rs 1.5 crore corpus for future medical expenses. But her father wanted more.
The Bombay High Court asked the Railway Ministry to sympathetically consider a final settlement of Rs 5 crore, calling it a rarest of rare case.
And What Did The Railways Say?
The Bombay High Court expressed displeasure after Western Railway informed that the Railway Ministry had refused to enhance compensation.
The court then directed WR to produce the entire file submitted to the Railway Minister. Railways, meanwhile, argued contributory negligence — claiming she was on her phone and the pedestrian signal was red.
What Happens To Nidhi Now?
The Bombay High Court observed: “The impact was so horrendous that it has, as good as, taken away her life, rendering her in a persistent vegetative state. If the photos of this happy and promising girl and the present state in which she lies would bring loads of sorrow… what can be the suffering of Nidhi and the state of mind of the parents?” That question, eight years on, still has no satisfying legal answer.
