Mumbai, July 27, 2026: The Mumbai Motor Accident Claims Tribunal (MACT) has directed Shriram General Insurance Co. Ltd. to pay compensation to a 77-year-old man who was hit by a motorcycle while he was on his way to a public toilet to attend nature's call. The tribunal has directed the insurance company to pay Rs 9.39 lakh along with interest at 7.5 per cent per annum from 2023.
Meanwhile, the tribunal directed the insurer to first pay the entire compensation amount to the claimant and thereafter recover the amount from the rash and negligent driver by initiating execution proceedings.
Accident And Injuries
According to the order, Pandurang Ghadge, a Worli resident, was walking to a public toilet at around 6.30 am on April 21, 2023, while exercising due care and caution. When he reached Annie Besant Road, a two-wheeler ridden by Mohd. Sayyed Mohd. Mujjafar Shaikh allegedly came at a high speed and in a rash and negligent manner, hitting him.
"As a result of the accident, the applicant sustained grievous fracture injuries and was shifted to a Municipal Corporation hospital for treatment. He incurred medical expenses and has since been suffering from pain, mental agony, physical disability, shortening of the limb, and reduced life expectancy," the order states.
The claim petition proceeded ex parte against the driver. The insurer filed its written statement denying the allegations, including the involvement of the offending vehicle in the accident.
It also contended that the applicant had contributed to the accident. Further, the insurer argued that the rider of the offending vehicle did not possess a valid driving licence and sought dismissal of the claim petition.
Tribunal's Findings
The tribunal observed that the applicant had sustained a right intertrochanteric fracture and underwent ORIF (Open Reduction and Internal Fixation) surgery. Medical evidence showed that he suffered 68 per cent permanent partial disability.
The tribunal noted that his right hip movement was painful and restricted, he walked with a limp, was unable to squat, stand or walk without support, and faced difficulty carrying out day-to-day activities.
Considering the medical evidence and the testimony of the witnesses, the tribunal held that the applicant had sustained grievous injuries. It awarded Rs 2.5 lakh towards pain, suffering and loss of amenities, observing that while there is no fixed formula for assessing such compensation, Section 164 of the Motor Vehicles Act provides for compensation in cases of grievous injury.
Compensation Assessment
With regard to disability and future loss of income, the tribunal noted that the applicant claimed to have been working as a caretaker at Buddha Vihar, Siddharth Nagar, opposite Poddar Hospital, earning Rs 15,000 per month.
However, as he failed to produce documentary proof of his income, the tribunal treated him as a labourer and assessed his notional monthly income at Rs 10,000, considering that he was 77 years old at the time of the accident.
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The tribunal also took note of the disability certificate issued by Topiwala National Medical College, which assessed the applicant's permanent disability at 68 per cent.
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