Mumbai MACT Awards ₹5.38 Lakh To Injured Pedestrian

A recent judgment by the Mumbai Motor Accident Claims Tribunal (MACT) has emphasized the importance of responsible riding among motorcyclists in the city. The Tribunal awarded a compensation of ₹5.38 lakh to a 52-year-old woman who suffered permanent disability after being hit by a speeding motorcycle in Mahim.

The incident occurred on June 28, 2016, when the woman, Nisha N. Masurkar, was walking along Manorama Nagarkar Marg near Meghdoot Building. A motorcycle allegedly came at high speed, went out of control, and struck her, causing fractures to her right tibia and fibula. Masurkar underwent surgery at Hinduja Hospital and later claimed that the injuries had permanently affected her ability to work as a domestic worker.

The Mumbai MACT, presided over by Member M. G. Deshpande, observed that motorcyclists have a responsibility to exercise utmost caution on the roads and ensure their conduct does not endanger pedestrians or other road users. The Tribunal noted that the rider of the motorcycle had not exercised due care to prevent the accident and had pleaded guilty before the Juvenile Justice Board in the connected criminal proceedings.

The insurance company had contested the claim, arguing that the rider was a minor, did not possess a valid driving licence, and was allegedly under the influence of alcohol. However, the Tribunal held that these circumstances could not deprive the victim of compensation. The Tribunal directed the insurance company to pay the compensation with 7 per cent annual interest from the date of filing of the claim petition and recover the amount from the vehicle owner under the 'pay and recover' principle.

The Tribunal calculated the compensation under various heads, including loss of future earning capacity, medical expenses, loss of income during treatment, pain and suffering, and loss of amenities. It accepted that the claimant's earning capacity had been affected by 20 per cent, despite a medical certificate assessing her permanent partial disability at 41 per cent. Considering her occupation as a domestic worker and her monthly income of ₹10,000, the Tribunal arrived at the compensation amount of ₹5.38 lakh.

This judgment highlights the need for motorcyclists to be aware of their responsibilities on the road and to ride with caution to avoid accidents. It also underscores the importance of compensation for victims of road accidents and the role of the Mumbai MACT in ensuring that they receive justice.

The Mumbai MACT's decision is a reminder to all road users, especially motorcyclists, to be vigilant and responsible while driving. The city's roads can be chaotic, and it is essential for everyone to follow traffic rules and regulations to prevent accidents.

In recent years, there has been an increase in road accidents in Mumbai, and the Mumbai MACT has been playing a crucial role in providing compensation to victims and their families. The Tribunal's judgments have helped to raise awareness about road safety and the need for responsible driving.

The judgment in this case is significant, as it emphasizes the importance of compensation for victims of road accidents. The Mumbai MACT's decision will help to provide relief to the victim and her family, who have been affected by the accident.

In conclusion, the Mumbai MACT's judgment is a reminder to all motorcyclists to ride responsibly and with caution. The Tribunal's decision highlights the importance of compensation for victims of road accidents and the need for all road users to be aware of their responsibilities on the road.

The city's authorities must also take steps to improve road safety and prevent accidents. This can be achieved by increasing awareness about traffic rules and regulations, improving road infrastructure, and enforcing strict penalties for traffic violations.

Ultimately, the Mumbai MACT's judgment is a step in the right direction towards promoting road safety and providing justice to victims of road accidents. It is essential for all road users to be responsible and vigilant while driving to prevent accidents and ensure a safe and smooth journey for everyone.