After Tribunal Blamed Motorcyclist Solely For Fatal Bus Crash, Gujarat HC Sends Family’s Claim Back For Fresh Hearing

On 17 February 2021, the deceased was riding a motorcycle behind an ST bus when his motorcycle collided with the rear of the bus, causing fatal injuries.

His legal representatives brought a claim under Section 166 of the Motor Vehicles Act, 1988.

The Motor Accident Claims Tribunal dismissed the claim, finding the deceased wholly negligent, relying substantially on the FIR and other circumstances, including the rear-end collision and the absence of testimony from the pillion rider.

The claimants appealed under Section 173 of the Act.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal from an award of a Claims Tribunal; Section 166 provides the basis for a claim arising from a motor-vehicle accident.

Negligence in motor-accident cases must be determined through a balanced, objective assessment of the conduct of all parties and the totality of the circumstances; a rear-end collision alone does not establish negligence by the following vehicle.

The Court relied on Pramila and Others v. Rajendra and Others, 2026 LiveLaw (SC) 433, and Oriental Insurance Company Limited v. Kalu Ram, (2026) 7 SCR 195, for these principles.

The Tribunal’s conclusion rested substantially on the FIR, the deceased’s failure to avoid the collision, and the non-examination of the pillion rider, while the claimant who testified was not an eyewitness.

The Tribunal had not adequately examined whether the bus was stopped at a designated bus stop or in the road, or whether the driver used parking lights or other warnings.

The High Court therefore held that the Tribunal had not assessed the parties’ conduct and the surrounding circumstances comprehensively, and that its finding of sole negligence could not be sustained.

It did not itself determine negligence, but considered fresh Tribunal assessment necessary.

The claim petition was restored and remanded to the Motor Accident Claims Tribunal (Main), Sabarkantha, at Himmatnagar, for fresh decision in accordance with law.

Both parties were permitted to lead further evidence; the Tribunal was directed to decide the claim within three months from 5 November 2026, without being influenced by the earlier judgment or the High Court’s observations.