Mumbai News: MACT Awards ₹23.98 Lakh Compensation To Accident Victim After 11-year Legal Battle, Holds Car Driver Negligent In 2015 Crash

Mumbai, April 8: The Motor Accident Claims Tribunal (MACT) in Mumbai has awarded compensation of Rs 23.98 lakh to a 39-year-old Kandivali resident, Gangadhar Shelke, who sustained serious injuries in a road accident in 2015, holding the car driver negligent.

Tribunal order and compensation

The MACT, presided over by Member Gauri Kawdikar, while deciding the claim petition, directed the car owner and insurer, Royal Sundaram Alliance Insurance Co Ltd, to jointly and severally pay the compensation along with 9% annual interest from the date of filing of the petition till its realisation.

Details of the accident

According to the tribunal’s order passed on April 2, 2026, the accident occurred on March 20, 2015, near the MTNL building at Hutatma Chowk, when a car owned by Sharad Mahashwari, a Seawoods resident, and allegedly driven at high speed, hit Shelke’s motorcycle from behind. The impact caused him to fall and suffer grievous injuries.

Medical treatment and disability

Shelke was initially treated at Bombay Hospital and later shifted to multiple hospitals, including GT Hospital, Bhatia Hospital, Motiben Dalvi Hospital, and KEM Hospital. The tribunal noted that he sustained permanent partial disability to the extent of 48% in his left lower limb.

Police case and findings

Subsequently, an FIR was registered at Azad Maidan Police Station against the driver of the offending vehicle under relevant provisions of the Indian Penal Code. The tribunal relied on the FIR, charge sheet, and other police records to conclude that the accident occurred due to rash and negligent driving of the car driver.

Rejecting the insurance company’s contention that the accident was caused due to the claimant’s negligence, the tribunal observed that there was no material to support such a claim. It also held that the insurer failed to prove any breach of policy conditions.

Assessment of compensation

While assessing compensation, the tribunal considered Shelke’s income at Rs 20,000 per month and applied a functional disability of 20%, noting that he continues to be employed, albeit at a reduced income.

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The compensation awarded includes amounts towards loss of income, medical expenses exceeding Rs 11 lakh, pain and suffering, ambulance charges, and future medical treatment.

“The claimant has proved that he sustained permanent partial disability in the accident due to rash and negligent driving of the offending vehicle,” the tribunal held.

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