The Bombay High Court’s Aurangabad bench has set aside a Motor Accident Claims Tribunal ruling that reduced compensation by half, holding that the victim was equally negligent. Justice Neeraj P. Dhote, delivering judgment on September 4, 2025, recalculated the compensation and directed the bus driver’s insurer to pay over ₹24 lakh to the deceased’s family.
Background
The case arose from a tragic accident in May 2009 when Atul Shantilal Patel, aged 52, riding his motorcycle in Aurangabad, collided with a stationary bus. The impact left him critically injured, and despite medical treatment, he died later that month. His widow Vasudha, son Tanmay, and elderly mother Madhukanta filed a claim for ₹50 lakh, but the Tribunal awarded just ₹10.29 lakh after attributing 50% negligence to Patel himself.
Court’s Observations
During appeal, the family’s counsel argued that the bus was illegally parked in the middle of the road without hazard lights, directly causing the collision. They stressed that the deceased was not rash or negligent, pointing to police records that booked the bus driver under Section 304A of the IPC.
The High Court agreed, noting contradictions in the Tribunal’s earlier findings. “When it was observed that the accident would not have occurred had the bus been stationed away from the edge of the road, attributing negligence to the deceased runs contrary to that very observation,” the bench remarked.
Citing precedents like Pranay Sethi (2017) and Magma General Insurance (2018), the court ruled that the widow, son, and mother were entitled to additional amounts under consortium, funeral expenses, and loss of estate.
Decision
Setting aside the Tribunal’s finding of contributory negligence, the court fixed the total compensation at ₹24,00,560 with 9% interest from the date of claim. Justice Dhote directed that the enhanced amount be deposited in the appellants’ bank accounts, clarifying that any earlier payment would be adjusted.
With this, the long-pending first appeal, filed in 2017, finally came to a close.
Case Title: Vasudha Atul Patel & Ors. v. Rana Tulakraj Khurana & Ors.
Case Number: First Appeal No. 2176 of 2017
Date of Judgment: September 4, 2025
Appellants (Original Claimants): Widow, son, and mother of Atul Shantilal Patel
Respondents: Bus owner, National Insurance Co. Ltd., and bus driver