1 week ago
Mumbai Tribunal Orders BMC Compensation for Unmarked Garbage Compactor Accident
A young man riding on a motorcycle was badly hurt when it hit a garbage vehicle left on a highway at night.
The garbage vehicle had a punctured wheel and was not moved to a safe place.
The tribunal said there were not enough lights or warning signs to alert drivers.
It decided that the BMC was responsible because it owned and controlled the vehicle.
The BMC said its contractor should pay instead.
The tribunal said the BMC could later seek money from the contractor if its contract allowed that.
The victim claimed he had a permanent disability, but the tribunal did not accept the medical evidence for that claim.
Even so, it found that he had suffered serious injuries and ordered compensation of ₹7,58,790.
The payment must be deposited directly into his bank account within three weeks after he provides his bank details.
The Mumbai MACT ordered the BMC to pay ₹7,58,790 with 7.5% annual interest to accident victim Govinda Shankar Bandre.
Bandre was injured when a motorcycle crashed into a stationary garbage compactor on the Eastern Express Highway on November 13, 2018.
The tribunal held the BMC liable because the compactor was left at night without adequate warning signs or other safety precautions.
The BMC argued that its contractor, S.D. Shirole Transport Company, was responsible under their agreement, but the tribunal rejected that defence.
The tribunal rejected Bandre’s claim of 48% permanent disability but awarded money for medical costs, lost income, pain, reduced amenities and related expenses.
- Who
- The Mumbai Motor Accident Claims Tribunal, the Brihanmumbai Municipal Corporation, and accident victim Govinda Shankar Bandre.
- What
- The tribunal ordered the BMC to pay ₹7,58,790 plus 7.5% annual interest for injuries caused in a crash involving a stationary garbage compactor.
- Where
- The crash occurred near Bhandup Bus Stop on Mumbai-Thane’s Eastern Express Highway.
- When
- The accident occurred on November 13, 2018; the tribunal order was reported on August 21, 2026.
- Why
- The tribunal found that the compactor had been left on the highway at night without adequate warning signs or other basic safety precautions.
Tribunal’s Finding
BMC’s Defence
Responsibility for the Compactor
Tribunal’s Finding
The tribunal held that the BMC, as owner with operational control, could not avoid liability by relying on its contract with the transport company.
BMC’s Defence
The BMC argued that its contractor, M/s S.D. Shirole Transport Company, was responsible for accidents under the contractual terms.
Roadside Safety
Tribunal’s Finding
The tribunal said the compactor should have been moved to safety, kept its indicators blinking, and been surrounded by illuminated warning signs.
BMC’s Defence
The BMC denied liability; the tribunal relied on a Vikhroli police communication stating that the vehicle had been illegally parked without adequate safety precautions.
Permanent Disability
Tribunal’s Finding
The tribunal rejected the claimed 48% permanent disability because the certifying doctor had not treated Bandre and later medical records did not establish permanent neurological disability.
BMC’s Defence
Bandre relied on a disability certificate to support his claim for permanent partial disability.
Key facts
- Compensation
- ₹7,58,790
- Interest
- 7.5% annually
- Accident date
- November 13, 2018
- Victim
- Govinda Shankar Bandre, a 23-year-old Ghatkopar resident
- Injuries
- Brain contusions, cerebral oedema, polytrauma, and multiple skull and facial fractures
- Payment deadline
- Within three weeks of receiving Bandre’s bank details
Sources
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