Unchallenged claimant testimony, supported by the FIR, sustained the finding of negligence against the bus driver.

The claimant sought compensation under Section 166(1) of the Motor Vehicles Act, 1988, for injuries sustained when a State Transport Corporation bus allegedly struck his motorcycle from behind on 21 November 2014.

The Tribunal found the bus driver negligent and awarded Rs.68,238, including Rs.27,000 for 9% disability, Rs.16,238 for medical expenses, and amounts for transportation, extra nourishment, and pain and suffering.

The Corporation appealed, challenging the negligence finding and the quantum of compensation.

1. Whether the Tribunal’s finding that the accident resulted from the bus driver’s rash and negligent driving warranted interference

2. Whether the compensation awarded by the Tribunal was excessive and required modification

The claim was brought under Section 166(1) of the Motor Vehicles Act, 1988, and the appeal was filed under Section 173 of that Act.

The Court assessed the negligence finding by considering the claimant’s evidence and the FIR, including whether that evidence had been discredited and whether the Corporation had examined the bus driver.

In reviewing quantum, it considered the medical records, disability assessment, medical bills, and the Tribunal’s awards under the relevant heads.

No precedent was cited.

The claimant’s account that the bus struck his motorcycle from behind was not undermined in cross-examination, and the Corporation did not examine the bus driver to challenge that account; the FIR also supported the claimant’s case. The Court therefore upheld the Tribunal’s finding of negligence.

As to quantum, the medical records documented a fracture of the left little finger, and the Medical Board assessed disability at 9%. The Court considered the disability award and the amounts allowed for medical expenses, transportation, extra nourishment, and pain and suffering reasonable.

It directed the Corporation to deposit the amount, less any amount already deposited, within four weeks; upon deposit, the claimant may withdraw it in accordance with the Tribunal’s disbursement order.

No costs were ordered, and the connected miscellaneous petition was closed.