A Motor Accident Claims Tribunal in Mumbai has ruled that the death of a man, six years after a motor vehicle accident, can be attributed to that incident. Medical records indicated a continuous chain of treatment, infections, and complications stemming from injuries sustained in the accident. The tribunal awarded approximately Rs 61.1 lakh, including interest, to the family of the deceased, a 38-year-old security supervisor who earned Rs 14,000 per month. He had suffered leg injuries when a private cab collided with his two-wheeler from behind in 2014. His death in 2020 was a result of persistent infections related to these injuries.
Gupta was riding a motorcycle near Deepak Hospital, Mira Road–Bhayander signal, Mira Road East, around 3.30 am on Dec 20, 2014, when a taxi allegedly hit his vehicle. The crash was reported to Navghar police station, and the police papers identified the motorcycle, the taxi and the driver. Following his death, his family amended the petition, claiming the accident ultimately killed him. The tribunal accepted his family’s case that the taxi was driven rashly and negligently. The tribunal noted that the first medical record was from the same date and showed traumatic injuries from a road traffic accident.
Compensation Claim Filed by Ashish Gupta in 2018
Ashish Gupta, the victim in this case, filed a compensation claim in 2018 while he was still alive. This claim is now a focal point in the ongoing proceedings following his death.
Gupta remained admitted at BYL Nair Hospital from the date of the accident until April 27, 2016, and was repeatedly hospitalised in 2016, 2017, 2018, 2019 and Jan 2020. During the pendency of the claim, Gupta died on July 30, 2020, at Maa Sita Hospital and Fracture Clinic in Mirzapur. The petition was amended to claim that the death was caused by complications from the 2014 accident injuries. Pathak stated that Gupta was admitted on July 28, 2020, in a critical condition with septicaemia associated with the longstanding infected injuries to the left leg.
The tribunal recorded that Pathak accepted cardio-respiratory arrest as the immediate terminal event but explained that the arrest occurred due to septicaemia arising from the accident injuries.
The tribunal framed the central question as whether the applicants had proved “a legally sufficient causal nexus” between the 2014 injuries and the 2020 death. Gupta suffered a severe compound fracture of the left tibia and fibula with a major bone defect. The tribunal recorded that the treatment involved skin grafting, bone grafting and other reconstructive procedures. The insurer disputed the causal link, arguing that nearly five years and seven months had passed between the accident and death. The insurer also relied on the death certificate’s reference to cardio-respiratory arrest, absence of a post-mortem exam and alleged lack of proof connecting the death to the accident. The tribunal held that the time gap could not be viewed in isolation. A key witness was orthopaedic surgeon Sacchidanand Pathak, who treated Gupta during the final admission.