MACT Orders BMC to Pay Rs 7.58 Lakh for Highway Garbage Compactor Crash
The Motor Accident Claims Tribunal has directed the Brihanmumbai Municipal Corporation to pay Rs 7.58 lakh in compensation with 7.5% annual interest to a 23-year-old Ghatkopar resident injured in a collision on the Mumbai-Thane Eastern Express Highway near the Bhandup Bus Stop.
The accident occurred on November 13, 2018, when Govinda Shankar Bandre was riding pillion on a motorcycle with a friend. The two-wheeler crashed into the rear of a stationary civic garbage compactor that had been left on the highway after suffering a punctured tyre. Bandre sustained severe injuries, including brain contusions, cerebral oedema, polytrauma, and multiple skull and facial fractures, requiring treatment at Fortis Hospital and H.J. Doshi Ghatkopar Hindu Sabha Hospital.
During the proceedings, the BMC denied liability, arguing that the compactor was operated by its contractor, M/s S.D. Shirole Transport Company, and that contractual terms placed responsibility for accidents on the firm. The tribunal rejected this defence, ruling that private contractual arrangements cannot deprive an accident victim of the right to claim compensation from the civic body. The tribunal noted that as the owner holding operational control of the vehicle, the BMC remains liable, though it may later invoke an indemnity clause to recover the amount from the contractor.
The tribunal also referenced a report from the Vikhroli police confirming that the heavy vehicle had been parked illegally on the highway without adequate safety precautions. Criticising the lack of safety measures, the tribunal observed that because the incident occurred at night, the driver should have moved the compactor to a safe location, kept hazard indicators blinking, and placed illuminated warning signs at a safe distance.
While the tribunal declined to accept a 48% permanent disability claim because the certifying doctor was not the treating neurosurgeon, it awarded compensation based on the severity of the initial injuries and treatment records. The total award of Rs 7,58,790 includes Rs 4,66,790 for medical expenses, Rs 72,000 for six months of lost income, Rs 1 lakh for pain and suffering, Rs 1 lakh for loss of amenities, and Rs 20,000 for conveyance and special diet.
The tribunal directed the BMC to disburse the compensation directly into Bandre's bank account within three weeks of receiving his account details.
