The Thane Motor Accident Claims Tribunal (MACT) has held the Maharashtra State Road Transport Corporation (MSRTC) liable for negligent driving that led to the death of a Swiggy delivery executive in 2020. The tribunal directed the MSRTC to pay a compensation of ₹30,94,000 to the deceased’s family. The MACT concluded that the oral and documentary evidence presented was sufficient to prove that the accident occurred due to the negligence of the driver of the offending vehicle, owned by MSRTC.
“It is relevant to consider that, at the time of the accident, there were several obstacles and potholes on the road, both ahead and behind the spot. A heavy and large-sized vehicle, like the offending vehicle, cannot proceed at high speed on such a road. However, the damage to the vehicles and the description of the accident spot clearly indicate that the collision was violent enough to completely ruin the front of the deceased’s Eco vehicle. The accident occurred at 4 p.m., during daylight, and considering the size of the offending vehicle, its driver’s seat is at a considerable height, providing a clear view of the road and oncoming traffic. The driver of the offending vehicle was in the best position to avoid the accident,” stated MACT Member S.N. Shah in the judgment copy.
The accident occurred on January 19, 2020, when Mangesh Goregaonkar, a Swiggy delivery executive and resident of Dhobighat, Mumbai, was traveling in an Eco vehicle along the Goa-Mumbai Highway with four others. The group was proceeding at a moderate speed, keeping to the left side of the highway, accompanied by friends in another vehicle.
As they approached Karnali, an MSRTC bus came from the opposite direction at high speed. The bus, moving in a rash and uncontrollable manner, crossed the divider and entered the wrong lane, colliding violently with the Eco vehicle. The crash resulted in the deaths of all passengers, including Goregaonkar.
An FIR was registered against the driver of the bus at the local police station.
The deceased’s family, including his mother, wife, two children, and a mentally disabled brother, filed for compensation.
The MSRTC in its defence held that argued that the accident was caused solely by the negligence of the deceased’s vehicle driver. They claimed that:
1. Roadwork was underway in one lane, and all traffic had been diverted to a single lane.
2. The bus was traveling on its designated side and had signaled before changing direction.
3. The deceased’s driver failed to notice the signal, drove at high speed, and was allegedly talking on a cellphone at the time of the collision.
4. The bus had been stopped on the side of the road when the Eco vehicle collided with it.
The court rejected MSRTC’s defense, stating that the evidence showed clear negligence on the part of the bus driver. It referred to the principles laid down in National Insurance Co. Ltd. vs. Pranay Sethi (2017) to calculate compensation. Since the deceased was self-employed and below 40 years of age, the court accounted for 40% of his established income towards future prospects while determining the compensation amount.
The MACT found MSRTC guilty of negligence and directed it to compensate ₹30.94 lakh to the deceased’s family for the tragic loss caused by the accident.
