Mumbai MACT Awards ₹21.87 Lakh To Navy Sailor For 2018 Bus Accident, Holds Insurer Liable

Mumbai, September 8, 2026: The Mumbai Motor Accident Claims Tribunal (MACT) has directed a Tardeo-based man and United India Insurance Company to jointly and severally pay compensation of Rs 21.87 lakh to an Indian Navy sailor after the sailor was struck by a bus owned by the Tardeo resident. The insurer has been directed to satisfy the award, along with interest at 7.5% per annum from the date of filing of the claim until realisation.

Accident Left Sailor Disabled

The claimant, Sheikh Imtiyaaz Khan, was serving as a Petty Officer in the Indian Navy and was attached to INS Kalvari when the accident occurred on August 16, 2018.

According to his claim, he was riding his motorcycle on G.D. Somani Road near Hotel Taj President when the bus, while taking a U-turn through an opening in the road divider, suddenly entered his path and collided with his motorcycle. The accident resulted in a segmental fracture of his left femur.

The sailor underwent surgery at INHS Asvini, where an open reduction and internal fixation procedure with intramedullary/interlocking nailing was performed.

Following the accident, his medical category was downgraded, he was restricted from strenuous physical activities and was declared temporarily unfit for submarine duties. He was eventually certified as having 45% permanent locomotor disability.

Disability Affected Earning Capacity

While deciding the impact of the disability caused by the accident on Khan's earning capacity, the tribunal observed that although the officer continued to serve in the Navy and draw his salary until his engagement expired in January 2024, his disability could not be considered financially irrelevant.

“Consequently, the applicant's disability had a real occupational dimension and cannot be dismissed merely because he continued to draw salary,” the tribunal observed. At the same time, it held that it would be erroneous to treat his 45% physical disability as 100% occupational disability.

The tribunal noted that the Naval records established that his low medical category adversely affected his shipboard duties, promotion prospects and entitlement to submarine allowance.

His pre-accident salary records showed that he was receiving Rs 17,300 per month as submarine allowance, which was subsequently discontinued. The tribunal awarded Rs 10.72 lakh towards the actual loss of this allowance for approximately 62 months.

Tribunal Awards Compensation

For residual diminution of future earning capacity and employment opportunities, the tribunal awarded Rs 5 lakh. It also granted Rs 2.5 lakh each for pain and suffering and loss of amenities, Rs 30,000 each for conveyance, special diet and physiotherapy, and Rs 25,000 towards miscellaneous medical and incidental expenses.

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The tribunal found the bus driver's negligence established, rejecting the insurer's contention that the sailor was solely responsible for the accident. It observed that while taking a U-turn, the driver of a large passenger bus had a duty to ensure that the manoeuvre could be completed without endangering approaching traffic.

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