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Old 23rd January 2010, 20:22   #1
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Angry Side swiped by BEST bus!

Hi people,
Would like to get some information regarding procedures in case of an accident with a BEST bus.
The incident as it happened today:
Wife was driving the Bolero, a BEST bus which was at a bus stop at S.V Road, Khar, Mumbai, had left just about enough place for the car to pass through. Wife had begun going through, when the driver suddenly pulled out. Wife immediately stopped the car. The driver though instead of going a little ahead and gradually easing out, pulled out sharply to the extreme right, with a result that he side swiped the car and damaged the front bumper very badly.
Wife has taken down the bus regn no., bus route no., Drivers name and badge no.
My query is: What does one do in a situation like this? Which authority does one complain to? The damage caused in monetary terms may not be much, and am not necessarily looking for compensation, but I would like to register my strong protest, against the rashness and rude behavior of the driver.
Would appreciate feedback.

Regards
Gautam.
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Old 23rd January 2010, 20:47   #2
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Thats sad to hear bro. From what i understand the unfortunate thing is not much can be done(atleast in Bangalore). I was told by a person who is pretty well politically connected here that even he couldnt get anything done when his car was hit by a BMTC bus in Bangalore. If I remember correctly, what he told me was that the max insurance one can claim from them is to the tune of 3K or something. Even if someone loses their life, max that happens is that the driver is re allocated to a different route.

Disclaimer: I am not 100% sure of this as this came from someone else, maybe our other members might be able to shed some light on this.
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Old 23rd January 2010, 20:51   #3
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Quote:
Originally Posted by BolBolero View Post
My query is: What does one do in a situation like this? Which authority does one complain to? The damage caused in monetary terms may not be much, and am not necessarily looking for compensation, but I would like to register my strong protest, against the rashness and rude behavior of the driver.
Would appreciate feedback.
While BEST might not compensate you monetarily, you can file an FIR against the driver for rash and negligent driving. You might have to present your vehicle at the police station for the same - since the vehicle needs to be certified "fit" by an MV Inspector.

Alternatively, you can file a "routine" complaint with BEST against the rude behaviour. You (the complainant) would be called for the enquiry, and if proven, BEST would initiate disciplinary proceeding against the driver.

Hope this helps.
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Old 23rd January 2010, 23:34   #4
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Quote:
Originally Posted by BolBolero View Post
Hi people,
The driver though instead of going a little ahead and gradually easing out, pulled out sharply to the extreme right, with a result that he side swiped the car and damaged the front bumper very badly.
Wife has taken down the bus regn no., bus route no., Drivers name and badge no.
My query is: What does one do in a situation like this? Which authority does one complain to? The damage caused in monetary terms may not be much, and am not necessarily looking for compensation, but I would like to register my strong protest, against the rashness and rude behavior of the driver.
Would appreciate feedback.

Regards
Gautam.
  1. A FIR - but registering that must be within some timeframe of the incident right?
  2. A letter to the GM of BEST describing the incident and demanding action(letter under Certificate Of Posting)
  3. A letter to the Editor of Leading dailies
Please do not expect any relief in any of these;getting the bumper repaired is the best and cheapest alternative(from time and money standpoint)
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Old 24th January 2010, 10:15   #5
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Even if you file FIR, or end up with a case against the BEST bus driver, you will end up losing more money in the case. May be write a letter to BEST bus authority, but dont spend your resources and time in legal case. The system as we know is too complicated.
And those are government employees.

Its just your bumper. I have seen in A'bad Maninagar ( just opposite Maninagar railway station ) that a bike was hit by City bus. A young boy was riding the bike and pillion was his grandmother around 65-70 years old. But due to the government thingy, nobody could fight them.

Forget this and move on. Ending up in a case will be wastage of your time and money.
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Old 25th January 2010, 08:29   #6
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Thank you guys for your inputs. Much appreciated.

Regards
Gautam.
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Old 25th January 2010, 22:27   #7
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Some Photos of the damage caused by the BEST bus!
I have or rather my wife has lodged a complaint at the Khar Police station, and will be submitting a copy of the complaint and a formal complaint to the BEST Undertaking on Wednesday. Lets see what happens.

Gautam
Attached Images
         

Last edited by BolBolero : 25th January 2010 at 22:30.
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Old 25th January 2010, 23:13   #8
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Always regrettable to see the damage,the bigger vehicle basically cut you off.imagine the situation had your wife been in a smaller car she most likely would have stopped and not squeezed in. the perks of an suv.

when you say time frame to file an FIR.how soon should it be done by the same day? can any one shed some light on this
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Old 26th January 2010, 08:45   #9
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@ Abishek,
The accident happened on Saturday and my wife filed the FIR yesterday i.e. Monday at Khar Police Station. Since there was no bodily injury to any Person, what was filed is known as a TAR- Traffic Accident Report. This will be submitted to the BEST Accident and Claims department tomorrow.

Gautam.
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Old 26th January 2010, 11:06   #10
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Being from Bombay, I think you should register a case against the BEST driver. However, do remember that if the accident happened behind the front wheels of the bus then BEST will not hold the Driver responsible.

Even in case of a fatal accidents, I know for a fact that the BEST Management does not consider it to be a case if the front portion of the bus, i.e up to the front wheel arches is not involved in the accident.

any damage to bus/any portion of the bus being involved after the front wheel arches, it is the other party's fault.

Hence, be sure when u press for charges.
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Old 26th January 2010, 11:24   #11
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Quote:
Originally Posted by shivshanker View Post
Being from Bombay, I think you should register a case against the BEST driver. However, do remember that if the accident happened behind the front wheels of the bus then BEST will not hold the Driver responsible.

Even in case of a fatal accidents, I know for a fact that the BEST Management does not consider it to be a case if the front portion of the bus, i.e up to the front wheel arches is not involved in the accident.

any damage to bus/any portion of the bus being involved after the front wheel arches, it is the other party's fault.

Hence, be sure when u press for charges.
Hey man, thanks for this bit of information. Was not aware of these facts. Will keep this in mind before filing any claim, etc.

Gautam.
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Old 26th January 2010, 12:31   #12
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Sorry to see the condition of your ride.

Sorry again, can't resist making this statement - the lemon and chillies didn't do their job !

Was it an OEM or aftermarket accessory ?
On second thoughts, it looks like DIY !

Rohan
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Old 13th April 2010, 23:10   #13
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Quote:
Originally Posted by shivshanker View Post
Being from Bombay, I think you should register a case against the BEST driver. However, do remember that if the accident happened behind the front wheels of the bus then BEST will not hold the Driver responsible.

Even in case of a fatal accidents, I know for a fact that the BEST Management does not consider it to be a case if the front portion of the bus, i.e up to the front wheel arches is not involved in the accident.

any damage to bus/any portion of the bus being involved after the front wheel arches, it is the other party's fault.

Hence, be sure when u press for charges.
There is no way to prove the bus driver is not at fault just because the front wheels of the bus had passed ahead. It won't stand in a court of law.

And the BEST bus drivers do get punished. If you persevere you may be able to bring the errant driver to justice. Of course we seldom bother to follow the matter up to its logical end, but I am sure the respective driver will get some punishment or other internally. When it's a written complaint made against the driver, the company must take note of it in its records. And once it's noted, the driver will pay for it, one way or another.

I would suggest once you have filed a report with the police station and then forwarded your complaint to the BEST, follow it up with a Right to Information petition to the BEST authorities seeking details of action taken against the driver. If they have taken no action and if you are willing to follow this up in court, you may be able to win compensation. Even if you don't want to follow it up further, an RTI application will at least force the BEST authorities to take some measures.
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Old 14th April 2010, 09:23   #14
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@honeybee,

I am sure in India there are many more worth cases to fight for..!!, than file an RTI against an errant BEST Driver.

This is not an perfect world that " it wont stand in a court of Law", the point is; it needs to be proven that the driver had malicious intent. You will a "Panchnama" and also you will need witnesses to prove your point.

My humble request is;

1. try putting yourself in the driver's shoes, driving a heavy vehicle, stitting 6 ft above the ground, probably no Power steering.

2. endless traffic jams, two wheelers crossing lanes mindlessly, auto drivers.

3. schedules, fuel consumption, and other "BEST" rules that will dictate his next promotion or whatever he is aspiring for.

4. making ends meet for his family ...

I have had my spats too with BEST Drivers, especially the Pant Nagar Depot in Ghatkopar. In the end not worth it mate..

Imagine their living quarters.. I am sure you wil thank the lord...

ALL is well

Cheers!
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Old 14th April 2010, 09:56   #15
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This is purely off topic, but since you have raised the question of their working conditions, do you know what their salaries are? Back in 2003, the conductor of the BEST bus I rode to my office made more than twice my salary in a month. Me and my friends often joked about quitting our IT jobs and joining the BEST as drivers/conductors. Making ends meet??

I do not understand why an errant driver should not be punished. Is it because he has got targets of achieving 3.5kmpl to achieve? Is it because he has to put up with two wheelers cutting across his lanes? Is it because he sits six feet high?

I am sorry, but working conditions or rules or living conditions cannot justify arrogant and dangerous driving of these people. And just to set the record straight I have seen good BEST drivers as well.
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