Mumbai, August 21, 2026: The Motor Accident Claims Tribunal (MACT) has directed the Brihanmumbai Municipal Corporation (BMC) to pay Rs 7.58 lakh compensation with 7.5% annual interest to a 23-year-old accident victim, a Ghatkopar resident, holding the civic body liable for negligence in leaving a stationary garbage compactor on the Eastern Express Highway at night without adequate warning signs.
The accident occurred on November 13, 2018, when Govinda Shankar Bandre was travelling as a pillion rider on a motorcycle with his friend on the Mumbai-Thane Eastern Express Highway near Bhandup Bus Stop.
The motorcycle collided with the rear of a stationary compactor, which had been left on the highway after its wheel was punctured. Bandre suffered serious injuries and was treated at Fortis Hospital and subsequently at H.J. Doshi Ghatkopar Hindu Sabha Hospital.
BMC Held Liable
The BMC denied liability and argued that the compactor was being transported by its contractor, M/s S.D. Shirole Transport Company, and that the contractual terms placed responsibility for accidents on the contractor.
The tribunal, however, rejected the defence, holding that the contractual arrangement between the BMC and its contractor could not deprive an accident victim of his right to seek compensation from the civic body.
The Tribunal observed that the BMC was the owner of the stationary compactor and, having operational control over the entire assembly, could not escape liability by relying on its agreement with the contractor. The tribunal noted that the BMC could subsequently invoke the indemnity clause in its contract and recover the amount from S.D. Shirole, if it chose to do so.
The tribunal also relied on a communication from the Vikhroli police to the BMC, which stated that the compactor had been parked illegally on the Eastern Express Highway without adequate safety precautions, resulting in the motorcycle crashing into it from behind.
Safety Precautions Criticised
The tribunal particularly criticised the failure to take basic safety precautions. It noted that the accident occurred at night and that the driver ought to have moved the heavy vehicle to a safe location, kept its indicators blinking and placed illuminated cautionary signs at an adequate distance to alert approaching motorists. The spot panchnama did not indicate that any such precautions had been taken.
Disability Claim Rejected
While Bandre had claimed permanent partial disability and relied on a disability certificate, the tribunal did not accept the alleged 48% disability. It noted that the doctor who issued the certificate was not his treating doctor or a neurosurgeon and had not treated him for the brain injuries.
The medical records instead showed that Bandre had recovered remarkably after treatment and that there was no subsequent medical evidence establishing permanent neurological disability.
Rs 7.58 Lakh Compensation
The tribunal nevertheless found that Bandre had suffered serious injuries, including brain contusions, cerebral oedema, polytrauma and multiple skull and facial fractures.
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It awarded Rs 4,66,790 towards medical and hospital expenses, Rs 72,000 for loss of income during six months of recovery, Rs 1 lakh for pain and suffering, Rs 1 lakh for loss of amenities of life, and Rs 20,000 towards conveyance and special diet, taking the total compensation to Rs 7,58,790.
The tribunal directed the BMC to deposit the compensation directly into Bandre’s bank account, rather than into the MACT account, within three weeks of receiving his bank details.
It also emphasised the need to follow the Supreme Court’s directions on direct disbursement of motor accident compensation to safeguard victims and avoid unnecessary procedural hassles.
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