An interested driver’s testimony alone cannot displace negligence established by eyewitness evidence.

On 10 May 2021, Sankar was fatally injured when a container lorry allegedly struck his car, which was stopped on the extreme left-side mud road. His dependants sought compensation, and the Motor Accidents Claims Tribunal, Tindivanam, awarded them ₹27,10,000 with interest at 7.5% per annum.

The insurer appealed, challenging the finding of negligence and the quantum of compensation. The claimants relied on the FIR and an eyewitness; the insurer relied on the lorry driver’s testimony.

1. Whether the Tribunal’s finding that the lorry driver was negligent, and its rejection of contributory negligence by the deceased, warranted interference.

2. Whether the Tribunal’s assessment of compensation, including its adoption of ₹15,000 as the deceased’s monthly income, warranted interference.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

The Court applied no specific precedent or separately identified statutory test in its reasoning. It assessed the negligence finding by reference to the evidence on record, including the FIR, eyewitness testimony, and the absence of independent evidence supporting the insurer’s challenge; it reviewed the compensation award for whether it warranted appellate interference.

The Court upheld the negligence finding because the claimants produced the FIR and examined an eyewitness, while the insurer produced no independent eyewitness to support its challenge; the driver’s testimony alone was insufficient to establish negligence on the deceased’s part.

On quantum, the Court considered that the accident occurred in 2021 and found no reason to interfere with the Tribunal’s assessment of monthly income at ₹15,000 or its resulting award, which it considered just and reasonable.

It confirmed the Tribunal’s award of ₹27,10,000 with interest at 7.5% per annum, made no order as to costs, and closed the connected miscellaneous petition.