Mumbai, September 16, 2026: The Motor Accident Claims Tribunal (MACT), Mumbai, has awarded compensation of Rs 31,84,330 to the family of a Dahisar-based musician, Harshad Chaganlal Mistry, who died after allegedly being knocked down by a motorcycle in November 2018.
The tribunal has directed the motorcycle rider and its owner to jointly and severally pay the compensation, along with 7.5 per cent annual interest from the date of filing of the claim in 2019 until realisation.
The judgment was delivered on September 10 by MACT Member K.K. Shah in an application filed by the deceased's widow, Urvashi Harshad Mistry, and son, Viral Harshad Mistry.
Rider Held Directly Liable
Holding the rider directly liable and the motorcycle owner vicariously liable, the tribunal observed: “The opposite party No.1 was driver of the offending vehicle at the time of accident and hence he is directly liable whereas opposite party No.2 is owner of the offending vehicle therefore he is vicariously liable for act of driver / opposite party No.1, hence they both are jointly and severally liable to pay compensation to the applicants. Considering prime lending rates fixed by the Reserve Bank of India, I hold that the rate of interest should be 7.5% p.a.”
The tribunal directed both respondents to deposit the compensation amount with accrued interest directly into the applicants' bank accounts through NEFT/RTGS.
It ordered that Rs 5 lakh, along with accrued interest, be paid to the deceased's son, while the remaining amount with accrued interest be paid to his widow.
Fatal Accident In Dahisar
According to the claim, Harshad Chaganlal Mistry was waiting for a bus at the Ghartanpada No. 2 BEST bus stop on the Western Express Highway in Dahisar (East) on November 4, 2018, when a motorcycle allegedly hit him.
He was initially taken to Dr Babasaheb Ambedkar Hospital, Kandivali, and was later shifted to Karuna Hospital for further treatment. He died there on November 25, 2018.
An FIR was registered at Dahisar Police Station under Sections 279 and 338 of the Indian Penal Code against the motorcycle rider. After Mistry died during treatment, the rider was charge-sheeted under Section 304-A of the IPC.
Tribunal Assesses Evidence
The tribunal noted that the investigation papers, including the FIR, spot panchanama, inquest panchanama, death certificate and Detailed Accident Report, supported the claim that the accident occurred due to rash and negligent driving.
The documents remained unchallenged as both the motorcycle rider and owner remained absent despite being served with notices, and the proceedings against them were conducted ex parte.
Mistry was a singer and musician and performed devotional and Gujarati folk songs as well as Hindi film songs at events.
The tribunal considered his income based on income-tax returns for four assessment years. His income was recorded as Rs 3,61,900 in 2015-16, Rs 3,91,800 in 2016-17, Rs 3,56,850 in 2017-18 and Rs 3,86,560 in 2018-19.
Compensation Calculation
The tribunal considered Rs 3,86,550 as his annual income and added 10 per cent towards future prospects. After deducting one-third towards personal and living expenses and applying a multiplier of nine, it calculated the loss of dependency at Rs 25,51,230.
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The tribunal also awarded Rs 5 lakh towards medical and hospitalisation expenses, Rs 96,800 towards consortium for the widow and son, Rs 18,150 towards loss of estate and Rs 18,150 towards funeral expenses, taking the total compensation to Rs 31,84,330.
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