Madras HC Cuts Family’s Fatal Bus-Crash Compensation 15%, Finding Rider Partly Negligent After FIR Against Him And No Helmet

The claimants, dependants of Ramesh, sought compensation for his death in a collision between his motorcycle and a Transport Corporation bus on 29 July 2018.

The Tribunal found the bus driver negligent and awarded ₹13,55,200 with interest at 7.5% per annum.

The Corporation appealed, arguing that Ramesh’s riding contributed to the accident and that he was not wearing a helmet.

In an appeal under Section 173 of the Motor Vehicles Act, the Court may reassess the evidence and modify the Tribunal’s finding on negligence.

An FIR registered against a deceased rider is relevant but is not, by itself, conclusive proof of negligence. The Court must assess it with the other evidence.

The Court also treated the rider’s failure to wear a helmet, in a case involving fatal head injuries, as a relevant circumstance in determining contributory negligence.

The eyewitness attributed negligence to the bus driver, while the bus driver testified that Ramesh’s riding caused the accident.

The Court considered the FIR against Ramesh as corroborative, but not conclusive, evidence. It also took account of the undisputed absence of a helmet and the fatal head injuries.

On the combined evidence, the Court found some contributory negligence by Ramesh, but concluded that the record did not justify transferring the entire responsibility to him.

It partly allowed the appeal and reduced the compensation from ₹13,55,200 to ₹11,51,920, with interest at 7.5% per annum from the date of the claim petition.

The Corporation was directed to deposit the amount, interest, and costs within eight weeks, subject to the 15% deduction; the claimants could withdraw their shares in accordance with the Tribunal’s apportionment.