Mumbai MACT Holds MSRTC Liable For Negligent Driving, Awards ₹5.59 Lakh To Injured Driver

Mumbai: The Mumbai Motor Accident Claims Tribunal (MACT) has held the Maharashtra State Road Transport Corporation (MSRTC) liable for the negligence of one of its own bus drivers in an accident that left a 56-year-old MSRTC driver from Satara with a permanent 25 per cent partial neurological disability.

The tribunal directed the MSRTC to pay Rs 5,59,466 in compensation, along with 9 per cent annual interest from the date of filing of the claim petition until realisation, to claimant Prabhakar Ramchandra Jagdale.

Accident and injury details

According to the judgment delivered on August 13, 2026, the accident occurred on November 8, 2014, at around 8.45 pm. Jagdale was riding his motorcycle from Satara towards Dahiwadi when, near Jagdale Basti on the Satara-Pandharpur Road at Mouje Pingale BK, an MSRTC bus allegedly approached from behind at high speed and collided with his motorcycle.

Jagdale fell on the road and sustained serious head injuries. An FIR was registered at Dahiwadi Police Station against the bus driver, Sayaji Raghunath Phadtare, under Sections 279, 337, 338 and 427 of the Indian Penal Code and Section 184 of the Motor Vehicles Act.

He was admitted to Yashwant Neurosurgeon and Trauma Center, Satara, from November 8 to November 25, 2014, where he underwent treatment for serious head injuries, including a craniotomy.

Jagdale subsequently claimed that he had suffered 25 per cent permanent partial neurological disability as a result of the accident. He approached the MACT seeking compensation of ₹20 lakh with 12 per cent interest.

MSRTC contests claim

The MSRTC had contested the claim, denying that the accident was caused by negligence on the part of its driver. It also disputed Jagdale's age, occupation and income and sought dismissal of the claim.

During the proceedings, Jagdale told the tribunal that the MSRTC bus had hit his motorcycle from behind. He admitted during cross-examination that he was not wearing a helmet and that the right side of his motorcycle had come into contact with the left side of the bus.

However, he denied that he was attempting to overtake the bus from the left or that the accident occurred due to his negligence.

The MSRTC examined the bus driver, Phadtare, who claimed that Jagdale had attempted to overtake the bus from the left, suddenly turned right without giving a signal and lost control of his motorcycle.

Tribunal rejects driver’s version

The tribunal, however, found the bus driver's testimony unreliable. The driver had stated during cross-examination that the bus had not touched Jagdale, while his earlier evidence indicated that Jagdale's motorcycle had collided with the left side of the bus. The tribunal observed that this contradiction undermined his credibility.

The tribunal also noted that although the bus driver had been acquitted by the criminal court in the case arising from the FIR, a criminal court's judgment is not binding on a civil court or tribunal.

Rejecting the MSRTC's contention that the accident was caused by Jagdale's negligence, the tribunal held that the accident occurred due to the negligence of the MSRTC bus driver.

It further observed that although not wearing a helmet constituted a breach of the Motor Vehicles Rules, it could not, in the circumstances of the case, be treated as negligence causing the accident.

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Compensation awarded

On the question of loss of income, the tribunal noted that Jagdale had resumed his MSRTC service after the accident and that there was no evidence that he had been declared medically unfit to work. His subsequent voluntary retirement was also not on medical grounds.

Therefore, the tribunal did not apply the multiplier method for permanent loss of earning capacity.

However, Jagdale was awarded compensation for six months of loss of income, calculated at Rs 12,000 per month. The tribunal also awarded Rs 2 lakh for pain and suffering, Rs 2.67 lakh towards hospital and medical expenses, and Rs 10,000 each towards special diet and conveyance.

The total compensation came to Rs 5,59,466.

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