Corroborated eyewitness evidence sustains negligence findings despite the bus driver’s contrary testimony.

Saravanan, a former Singapore-based welder and fitter, was riding his two-wheeler on 10 April 2021 when it collided with a Tamil Nadu State Transport Corporation bus.

He died the following day.

His dependants claimed compensation, alleging that the bus driver’s negligence caused the accident.

The Motor Accident Claims Tribunal fixed negligence on the bus driver and awarded Rs. 24,91,400, including loss of dependency calculated using a monthly income of Rs. 14,108.

The Transport Corporation appealed, disputing both negligence and the assessment of income and compensation.

1. Whether the Tribunal was justified in fixing negligence on the driver of the Transport Corporation bus

2. Whether the compensation of Rs. 24,91,400 awarded by the Tribunal required interference

The appeal was brought under Section 173 of the Motor Vehicles Act.

On negligence, the Court assessed the eyewitness and driver testimony alongside contemporaneous records, including the FIR and final report; it held that the driver’s uncorroborated account did not displace the independent eyewitness evidence corroborated by those records.

On income assessment, the Court applied the price-index method, following Andal v. Ayyu Kannan, 2019 (1) TN MAC 54, which the judgment states applied principles laid down by the Supreme Court.

The method may be used to make a reasonable income assessment where direct documentary proof is unavailable.

The Court accepted P.W.2’s account that the bus struck the deceased’s two-wheeler, noting that it was supported by the FIR and final report.

It found no sufficient basis to prefer the bus driver’s contrary testimony, which lacked independent documentary support, and therefore found no perversity in the Tribunal’s negligence finding.

As to quantum, the absence of documentary proof of the deceased’s milk-vending income did not make the Tribunal’s assessment arbitrary: the Tribunal had used the price-index method, and the Court found the resulting monthly income of Rs. 14,108 reasonable in light of the accident year and the available evidence.

It also found no error in the other compensation components.

The Transport Corporation was directed to deposit the award, accrued interest and costs, after adjustment of any amount already deposited, within eight weeks of receiving the judgment; the claimants could then withdraw their respective shares under the Tribunal’s apportionment.