Mumbai Tribunal Awards ₹25 Lakh Compensation To Man Permanently Disabled By Juvenile-Driven Vehicle Accident

Mumbai: The Mumbai Motor Accident Claims Tribunal (MACT) has awarded Rs 25 lakh compensation to a 26-year-old Andheri resident who sustained permanent disability after being hit by an unattended vehicle that was accidentally driven by a juvenile.

The claimant, Nitin Gidaye, a TCS employee working as a Senior Process Associate, had travelled to his hometown Devrukh in Ratnagiri district when the accident occurred on February 12, 2018. According to case records, Gidaye and his brother had gone to the local market for shopping when he was struck by a Mahindra Bolero Max truck.

The tribunal noted that the vehicle had been left parked with its keys in the ignition. A juvenile who was seated inside the vehicle, started it without knowing how to drive and moved it in a rash and negligent manner. Gidaye, who was walking between two vehicles, suffered severe injuries to his right leg, which got trapped between them. He underwent treatment at City Hospital, Kolhapur, from February 12 to March 14, 2018.

The tribunal observed that Gidaye developed muscular dystrophy as a result of the injuries, leading to 50 per cent permanent disability of the affected limb. Considering the extent of disability and its impact on his life, the tribunal awarded ₹10 lakh towards pain and suffering, Rs10 lakh towards loss of amenities and disability, and the remaining amount under other applicable heads.

The insurance company, which was impleaded as a respondent along with the vehicle owner, argued that the accident occurred due to contributory negligence of the driver of another vehicle parked behind the offending vehicle. The insurer contended that it was not solely liable and sought dismissal of the claim petition.

However, the tribunal rejected this contention. It observed that the insurer’s witness failed to depose anything substantial regarding contributory negligence. The police records and FIR did not indicate any negligence on the part of the second vehicle’s driver.

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The tribunal held that if the driver of the offending vehicle had not left the keys in the ignition, the juvenile would not have been able to start the vehicle and the accident would not have occurred.

In the absence of evidence from the insurer to prove contributory negligence, the tribunal held the insurance company liable and directed payment of Rs 25 lakh compensation to the injured claimant. Meanwhile the tribunal has allowed the insurance company to take the liberty to recover the paid amount from the owner of the vehicle Shivaji Shamrao Chugule.

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