A transport corporation cannot reopen an unchallenged common finding of negligence in connected accident claims.

On 26 March 2011, a Transport Corporation bus collided with a Bajaj Mini Tempo carrying the claimant and others.

The claimant alleged that the bus driver was rash and negligent; he sustained injuries, including a fracture to his right hand, and sought compensation.

The Tribunal tried this claim with other claims arising from the same accident, found the bus driver negligent, and awarded the claimant ₹1,22,000 with interest at 7.5% per annum.

The Corporation appealed, challenging the finding of negligence and the liability imposed on it.

1. Whether the Tribunal was justified in finding the Transport Corporation bus driver negligent and fastening liability on the Corporation.

2. Whether the Corporation could reopen the negligence issue after the common finding in connected claims was not challenged and claims from the same accident had been settled before the Lok Adalat.

Section 173 of the Motor Vehicles Act provides for an appeal against an award of the Claims Tribunal.

The Court also considered the principle of finality of adjudication: although res judicata applies subject to its statutory requirements, a common adjudication of the same issue arising from the same accident, together with the failure to challenge that finding in connected proceedings, may weigh strongly against reopening the issue.

No precedent was cited.

The Court found the Corporation’s allegation that the Mini Tempo driver alone caused the accident unsupported by convincing evidence.

The injured witnesses’ testimony, the FIR registered against the bus driver, and the subsequent final report supported the Tribunal’s finding.

The common finding in the connected claims had not been challenged, and the Corporation had accepted liability in Lok Adalat settlements arising from the same accident.

In the absence of acceptable evidence to displace the Tribunal’s finding, the Court held that there was no perversity or illegality warranting appellate interference.

It directed the Corporation to deposit the award amount, accrued interest, and costs, if any, within eight weeks, after crediting any amount already deposited; the claimant may withdraw the amount in accordance with the Tribunal’s directions.

No order as to costs.