Mumbai, August 31, 2026: The Motor Accident Claims Tribunal (MACT), Mumbai, has awarded Rs 8.15 lakh compensation to a 31-year-old woman who suffered serious injuries to her right foot after a private bus collided with the motorcycle on which she was travelling as a pillion rider in Kalina in January 2020.
The claim was filed by Rachana Vinitkumar Sirohi, also known as Rachna Chaudhary, against Caravan Travels, owner of the offending bus, and its insurer company.
Accident In Kalina
According to the tribunal, the accident occurred at around 6.30 am on January 21, 2020, when Sirohi was travelling with her husband on a motorcycle along Kurla-Santacruz Road. Near Gate No. 8 at Kalina, the bus, which approached from the opposite direction, allegedly collided with the motorcycle. The woman fell on the road and suffered a crush injury to her right foot, fractures of the third and fourth metatarsals and ruptured tendons.
She underwent surgery at INHS Asvini Hospital, including K-wire fixation of the fractured metatarsals and repair of the ruptured tendons. She remained hospitalised from January 21 to 29, 2020, and was admitted again in February.
Employment Loss Claimed
Rachana, at the time of the accident, was employed in the front office department of Niranta Airport Transit Hotel and Lounge. She claimed that the injury affected her ability to stand for prolonged periods and perform her duties, ultimately resulting in loss of employment.
The bus owner did not contest the proceedings and was proceeded against ex parte. The insurance firm in its reply, however, had disputed the bus’s involvement and alleged that the motorcycle rider was negligent.
The insurer sought 50% deduction for contributory negligence, besides alleging that the bus driver did not possess a valid licence and that the bus lacked the requisite permit or fitness certificate.
Tribunal Rejects Insurer’s Claims
The tribunal rejected these contentions, noting that the insurer did not examine the bus driver or produce evidence from any licensing or RTO authority. It held that merely making allegations was insufficient to establish a breach of the insurance policy.
The tribunal also attached significance to the non-examination of the bus driver, observing that he was best placed to explain the circumstances of the collision. It held that a suggestion made during cross-examination could not substitute for evidence.
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On the insurer’s plea of contributory negligence, the tribunal observed that a head-on collision does not automatically mean both vehicles were equally negligent. There was no evidence that the motorcycle had entered the wrong lane or was being driven rashly.
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