The Motor Accident Claims Tribunal (MACT) in Thane has ordered a compensation of ₹31.05 lakh to the family of a 38-year-old carpenter who succumbed in 2020 to injuries sustained in a 2018 road accident.
Delivering the judgment on Tuesday, Tribunal Member R. V. Mohite held that the accident occurred due to the “absolute negligence” of the car driver and directed both the vehicle’s owner and insurer to jointly pay the compensation amount, along with 9% annual interest from the date of filing of the petition until realisation.
The case arose from an incident on August 14, 2018, when Manojkumar Shyamnarayan Sharma, a carpenter from Ghazipur, Uttar Pradesh, was walking on the left side of the Upvan–Gandhinagar Road in Thane. A speeding car, allegedly driven rashly, lost control and hit Sharma, two women, and several motorcycles. Sharma sustained severe injuries, leading to paraplegia, and remained bedridden until his death on December 24, 2020.
His wife, elderly parents, and two sons subsequently filed a claim before the MACT, represented by advocate S. M. Pawar.
The tribunal dismissed the defence argument that the mishap resulted from a technical fault in the car or any negligence by the victim. It specifically rejected the contention that the vehicle’s hand brakes were automatically released, causing the accident.
“Removal of hand brakes is not a part of the Standard Operating Procedure for driving… even though the driver is not directly responsible for removing the hand brake, he can still face legal repercussions,” the tribunal noted.
Holding the driver squarely liable, the MACT concluded that the accident was caused by his negligent conduct, not by any mechanical defect, and there was no breach of insurance policy conditions.
Compensation Distribution
Based on the medical evidence of Sharma’s prolonged suffering and eventual death, the tribunal quantified the compensation at ₹31,05,235.
It directed that ₹10.05 lakh be paid to Sharma’s wife (with ₹3 lakh kept in a fixed deposit), ₹2 lakh each to his parents, and ₹8.5 lakh each to his two sons, to be deposited in fixed accounts until they attain majority or maturity.
The award provides a measure of relief to the bereaved family after years of legal proceedings stemming from the tragic accident.
