Thane MACT Orders MSRTC To Pay ₹55 Lakh Compensation To Pune Woman Left 100 Per Cent Disabled In 2021 ST Bus Accident

Thane: The Motor Accident Claims Tribunal (MACT), Thane, has directed the Maharashtra State Road Transport Corporation (MSRTC) to pay Rs 55,02,772 as compensation to a Pune-based woman who sustained life-altering injuries in a 2021 State Transport (ST) bus accident that left her with 100% mobility disability.

The woman, Kanchan Sham Kute (36), had filed the case against MSRTC before the Thane MACT, as the corporation’s divisional office is located on the Old Bombay Agra Road, Thane.

Accident Due to Driver’s Negligence

The tribunal observed that the accident occurred due to the negligence of the bus driver, who failed to alert passengers when the vehicle’s brakes failed, causing the bus to lose control and overturn on the Nashik–Pune Highway near Kurali village in Pune district.

The incident took place on August 24, 2021, around 12:10 p.m., when Kanchan was travelling in an ST bus. According to her complaint, the driver was operating the vehicle rashly and at an uncontrollable speed, despite repeated pleas from passengers to drive carefully.

As the bus approached Kurali, it rammed into a roadside electric pole and subsequently overturned, resulting in serious injuries to Kanchan and several other passengers. She was immediately rushed to a hospital in Chakan for treatment.

Police Case and Investigation

The Chakan Police registered a case under Sections 279, 337, and 338 of the Indian Penal Code (IPC) and Section 184 of the Motor Vehicles Act against the driver, and later filed a charge sheet in the case.

Tribunal Observations and Findings

Kanchan, who worked as a Quality Inspector at Shiv Industries earning Rs 17,500 per month, told the tribunal that she had already spent around Rs 7 lakh on medical treatment and was left permanently disabled due to the accident.

Presiding Member R. V. Mohite observed that the driver’s failure to warn passengers about the brake failure amounted to negligence. “The vehicle driver failed to intimate the passengers of the brake failure, causing severe injury to the complainant and leaving her to survive with 100 percent mobility disability,” the tribunal noted in its order.

Computation of Compensation

The tribunal assessed Kanchan’s monthly income at Rs 17,500 and her occupational disability at 100%, resulting in an annual loss of Rs 2,10,000. Citing the Sarala Verma and Pranay Sethi judgments, it applied a multiplier of 15 and added 50% future prospects, calculating the total future loss of income at Rs 47,25,000.

In addition, the tribunal granted Rs 1,00,000 towards pain and suffering, Rs 25,000 for special diet, Rs 25,000 for conveyance, Rs 1,00,000 for future medical expenses, and Rs 50,000 for loss of amenities and enjoyment of life.

The total compensation, including all heads, amounted to Rs 55,02,772, which the MSRTC was directed to pay to the claimant.

MSRTC’s Defence and Tribunal’s Ruling

MSRTC contested the claim, denying negligence and arguing that the accident occurred solely due to mechanical failure—specifically, brake failure—and not due to rash driving. The corporation pleaded for dismissal of the claim.

However, the tribunal rejected MSRTC’s argument and held both the driver and the corporation vicariously liable, stating that adequate precautions and passenger safety protocols were not followed, which directly led to the accident.

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Tribunal’s Message on Passenger Safety

With this order, the Thane MACT reinforced that transport undertakings must ensure passenger safety and that failure to act prudently in emergencies constitutes negligence.

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