Thane: The Motor Accident Claims Tribunal (MACT), Thane, has awarded a compensation of Rs 31,05,235 to an octogenarian couple from Uttar Pradesh who lost their 38-year-old son two years after he met with a road accident in Thane.
Compensation Distribution And Tribunal’s Observation
The tribunal also directed that the compensation amount be equally divided among the deceased’s 35-year-old wife and his two minor children. Holding the driver of the offending vehicle responsible for the accident, the tribunal observed that the crash was so severe that the victim, who had been working as a full-time carpenter before the incident, remained completely bedridden for two years until his death.
Details Of The Accident
According to the case details, on August 14, 2018, the victim, Manojkumar Sharma, was walking towards the Kokanipada bus stop on the Upvan–Gandhinagar road when a Honda City car, belonging to Dinesh Shah, a Naupada resident, lost control when at a Garage, and came down car first hit a motorcycle and two women before crashing into Sharma.
Immediate Medical Treatment
With the impact, Sharma suffered grievous injuries and was immediately rushed to Bethany Hospital, Thane, for initial treatment before being shifted to Apple Hospital for further care.
Long-Term Treatment And Struggles
As per the evidence submitted by Saritadevi, the victim’s mother, Sharma was admitted at Apple Hospital, Airoli, from August 14 to August 22, 2018. Owing to financial constraints, he was later shifted to his native place in Uttar Pradesh, where he remained bedridden.
Over the next two years, he underwent prolonged treatment at multiple hospitals, including A-1 Noor Trauma Hospital in Varanasi, Satyam Hospital, Uma Superspeciality Hospital, and City Neurology Centre in New Delhi.
Death After Two Years Of Suffering
Despite continuous medical care, his condition deteriorated. In December 2020, he was taken to VMMC Government Hospital, New Delhi, but could not be admitted due to the COVID-19 pandemic and non-availability of beds. He succumbed to his injuries on December 24, 2020, outside the hospital.
Medical Findings And Legal Proceedings
Medical records presented before the tribunal confirmed that Sharma had suffered paraplegia due to spinal injuries sustained in the accident.
The tribunal noted that a charge sheet had been filed against Akash Shankarlal Prajapati and Prasanna Bhaguram Humane, the driver of the offending vehicle, for rash and negligent driving.
It further stated that neither the accused nor the vehicle owner contested the prosecution’s findings or denied the involvement of the vehicle in the accident.
RTO Report On Vehicle Inspection
As per the mechanical inspection report from the RTO, Thane, there was no defect in the vehicle’s braking system. Instead, the report showed significant damage to the car’s front section — including the radiator, headlamp, and windshield — indicating the force of the collision.
Tribunal Rejects Defence Claim
Rejecting the defence argument that the accident occurred due to a technical defect or automatic release of the handbrake, the tribunal stated that removal of a handbrake is not part of any standard driving procedure and that the driver was negligent in ensuring the vehicle was safely parked on a slope.
Tribunal’s Observation On Driver Negligence
“The evidence on record points directly to the negligence of the car driver, Prasanna Humane, who parked the vehicle improperly on a slope without ensuring that it would not move automatically,” the tribunal observed.
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Final Tribunal Order
Concluding that the accident occurred solely due to the driver’s negligence, the tribunal directed the insurer Bajaj Allinz Insurance Co. Ltd. and the owner of the vehicle to pay Rs 31,05,235 as compensation to the deceased’s parents, wife, and two children.
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