Mumbai BMC Ordered To Pay ₹7.58 Lakh To Accident Victim

A 23-year-old accident victim from Ghatkopar has been awarded ₹7.58 lakh in compensation by the Motor Accident Claims Tribunal (MACT) in Mumbai. The victim, Govinda Shankar Bandre, was travelling as a pillion rider on a motorcycle when it collided with a stationary garbage compactor on the Eastern Express Highway near Bhandup Bus Stop on November 13, 2018.

The compactor had been left on the highway after its wheel was punctured, and the tribunal held the Brihanmumbai Municipal Corporation (BMC) liable for negligence in not providing adequate warning signs. The BMC had argued that the compactor was being transported by its contractor, M/s S.D. Shirole Transport Company, and that the contractual terms placed responsibility for accidents on the contractor.

However, the tribunal rejected this defence, stating that the BMC was the owner of the stationary compactor and had operational control over it. The tribunal noted that the BMC could subsequently invoke the indemnity clause in its contract and recover the amount from the contractor if it chose to do so.

The accident occurred at night, and the tribunal criticised the failure to take basic safety precautions. The driver of the compactor should have moved the vehicle to a safe location, kept its indicators blinking, and placed illuminated cautionary signs at an adequate distance to alert approaching motorists.

Bandre had claimed permanent partial disability and relied on a disability certificate, but the tribunal did not accept the alleged 48% disability. The medical records showed that Bandre had recovered remarkably after treatment, and there was no subsequent medical evidence establishing permanent neurological disability.

Despite this, the tribunal found that Bandre had suffered serious injuries and awarded him ₹7.58 lakh in compensation with 7.5% annual interest. The BMC has been directed to pay the compensation to the victim.

The incident highlights the importance of taking safety precautions when leaving heavy vehicles on highways. The BMC has been held liable for its negligence, and the victim has been awarded compensation for his injuries.

The Motor Accident Claims Tribunal's decision is a significant one, as it holds the civic body responsible for ensuring the safety of citizens on its roads. The BMC must take steps to prevent such accidents in the future and ensure that its contractors follow proper safety protocols.

In conclusion, the Mumbai MACT's order is a welcome move, as it provides justice to the accident victim and highlights the need for the BMC to take responsibility for its actions. The civic body must take concrete steps to prevent such accidents and ensure the safety of citizens on its roads.

The incident also raises questions about the accountability of civic bodies and their contractors. The BMC must ensure that its contractors follow proper safety protocols and take responsibility for their actions.

The Motor Accident Claims Tribunal's decision is a significant step towards providing justice to accident victims and holding civic bodies accountable for their actions. It is hoped that the BMC will take concrete steps to prevent such accidents in the future and ensure the safety of citizens on its roads.

The case also highlights the importance of proper safety precautions when leaving heavy vehicles on highways. The BMC and its contractors must take all necessary steps to prevent such accidents and ensure the safety of citizens.

In the end, the Mumbai MACT's order is a victory for the accident victim and a reminder to the BMC to take its responsibilities seriously. The civic body must take concrete steps to prevent such accidents and ensure the safety of citizens on its roads.