Mumbai MACT Reminds Motorcyclists Of Duty To Ride Responsibly While Awarding ₹5.38 Lakh To Injured Pedestrian

Mumbai, July 9, 2026: While awarding compensation to a woman who suffered permanent disability after being hit by a speeding motorcycle, the Mumbai Motor Accident Claims Tribunal (MACT) has underscored the responsibility of motorcyclists to exercise utmost caution on the roads, observing that riders must ensure their conduct does not endanger pedestrians or other road users.

In the 22-page order, the Tribunal observed, “Any rider of the motorcycle is always expected to ride it through the traffic in a very careful manner by taking every precaution that it should not be ridden at high speed, creating fear in the minds of traffic around and pedestrians. Also, the rider should always be expected to ride in such a manner that there should not be any accident. Even if the accident takes place, the same should not reflect his negligence.”

Compensation Awarded To Victim

The observations were made by the Tribunal presided over by Member M. G. Deshpande, who awarded compensation of Rs 5.38 lakh to 52-year-old Mahim resident Nisha N. Masurkar. Masurkar, a domestic worker, sustained serious injuries after being knocked down by a motorcycle in Mahim in June 2016.

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.

According to the claim petition, Masurkar was walking along Manorama Nagarkar Marg near Meghdoot Building on the night of June 28, 2016, when the motorcycle allegedly came at high speed, went out of control and struck her, causing fractures to her right tibia and fibula.

She underwent surgery at Hinduja Hospital and later claimed that the injuries had permanently affected her ability to work as a domestic worker.

The insurance company 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, amounting to a breach of the insurance policy. However, the Tribunal held that these circumstances could not deprive the victim of compensation.

Tribunal Cites Negligence

While deciding negligence, the Tribunal noted that there was nothing on record to show the rider had exercised due care to prevent the accident. It also relied on the fact that the juvenile rider had pleaded guilty before the Juvenile Justice Board in the connected criminal proceedings, reinforcing the finding that the accident occurred due to negligent riding.

On the issue of compensation, the Tribunal 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 Rs 10,000, it calculated compensation under various heads, including loss of future earning capacity, medical expenses, loss of income during treatment, pain and suffering, and loss of amenities, arriving at a total of Rs 5,38,876.

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The Tribunal further ruled that although the insurer had established a breach of policy conditions because the rider was a minor, unlicensed and intoxicated, the insurance company must first satisfy the award and subsequently recover the amount from the vehicle owner.

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