Thane MACT holds MSRTC responsible for fatal accident, orders compensation of ₹30.94 lakh

The Thane Motor Accident Claims Tribunal (MACT) held the Maharashtra State Road Transport Corporation (MSRTC) responsible for negligent driving that led to the death of a Swiggy delivery executive in 2020. The court ordered the MSRTC to pay compensation of ₹30. 94,000 to the family of the deceased. The MACT concluded that the oral and documentary evidence presented was sufficient to prove that the accident occurred due to the negligence of the driver of the offending vehicle, owned by MSRTC.

“It is relevant to consider that, at the time of the accident, there were several obstacles and potholes on the road, both in front of and behind the place. A heavy and large vehicle, such as the offending vehicle, cannot travel at high speed on a road of this type. However, the damage sustained to the vehicles and the description of the accident site clearly indicate that the collision was violent enough to completely ruin the front of the deceased’s Eco vehicle. The accident occurred at 4:00 p.m., during the day, and taking into account the size of the offending vehicle, its driver’s seat is at a considerable height, allowing a clear view of the road and traffic moving in the opposite direction. . The driver of the offending vehicle was in the best position to avoid the accident,” MACT member SN Shah said in the copy of the judgment.

The accident occurred on January 19, 2020, when Mangesh Goregaonkar, a Swiggy delivery executive and resident of Dhobighat, Mumbai, was traveling in an Eco vehicle on the Goa-Mumbai highway with four others. The group was traveling at a moderate speed, staying on the left side of the road, accompanied by friends in another vehicle.

As they approached Karnali, an MSRTC bus was coming from the opposite direction at high speed. The bus, which was moving recklessly and uncontrollably, crossed the divider and entered the wrong lane, violently colliding with the Eco vehicle. The accident led to the death of all the passengers, including Goregaonkar.

An FIR was registered against the bus driver at the local police station.

The deceased’s family, including his mother, wife, two children and a mentally disabled brother, sought compensation.

The MSRTC in its defense contended that it argued that the accident was caused solely by the negligence of the driver of the deceased’s vehicle. They stated that:

1. Construction was underway in one lane and all traffic had been diverted to a single lane.

2. The bus was traveling on the designated side and had signaled before changing direction.

3. The driver of the deceased did not notice the sign, was driving at high speed and was allegedly talking on his cell phone at the time of the collision.

4. The bus was stopped on the side of the road when the Eco vehicle collided with it.

The court rejected MSRTC’s defense, stating that the evidence showed clear negligence on the part of the bus driver. He referred to the principles laid down in National Insurance Co. Ltd. Vs. Pranay Sethi (2017) to calculate compensation. Since the deceased was self-employed and under 40 years old, the court took into account 40% of his established income for future prospects when determining the amount of compensation.

The MACT found the MSRTC guilty of negligence and ordered it to compensate ₹30.94 lakh to the family of the deceased for the tragic loss caused by the accident.