IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.02.2026 CORAM THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI C.M.A. No.243 of 2026 and C.M.P. No.2971 of 2026 The Managing Director, Tamilnadu State Transport Corporation Ltd., Bharathipuram, Dharmapuri, Tamil Nadu (dt) 636 705 ...Appellant .vs.

1. Maviti Uttappa

2. Bagyamma

3. Sridevi ...Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, against the award dated 05.06.2025 made in M.C.O.P.No.155 of 2023 on the file of the Motor Accident Claims Tribunal, Additional District Court Hosur.

For Appellant : Mr. Nitin D For Respondents : Mr. C. Prabakaran

JUDGMENT

This Civil Miscellaneous Appeal is preferred by the Transport Corporation aggrieved by the award in M.C.O.P.No.155 of 2023 dated 05.06.2023 on the file of the Motor Accident Claims Tribunal, Additional District Court, Hosur, challenging the award of Rs.19,85,400/- as compensation and the percentage of contributory negligence, for the death of one Arunachalam.

2. The respondents as claimants, filed the above claim petition on the ground that on 13.02.2023, at about 4.30 p.m while the deceased was riding a two wheeler bearing Reg. No. AP 39 RJ 3775 along with Vijayakumar as pillion on the left side of Hosur to Thally Road, near Madhagondapalli Govt. High School, the driver of TNSTC bus bearing Route No. 19B, Reg. No. TN 29 N 2450 came from the opposite side in a rash and negligent manner, without obeying the rules of the road and without horning dashed against the deceased vehicle causing the deceased to die on the spot. The claimants as legal heirs of the deceased Arunachalam, have preferred the claim petition, claiming a sum of Rs.60,00,000/- as compensation.

3. The appellant/ Corporation resisted the claim on the ground that the Govt. Bus (TN 29 N 2450) at 4.10 PM was driven from Thally towards Hosur, when the bus was near Mathagondapalli, the two wheeler rider overtaking a vehicle came in a rash and negligent manner due to which the bus driver stopped the bus on the left side of the mud road, yet the motorcycle hit the front right side of the bus and caused the accident, wherein a case was also registered against the motorcycle rider which was abated as he died. The two wheeler rider was not having valid driving license. Therefore, the alleged accident occurred due to the negligent act of the deceased. Hence, the appellant/ Corporation is not liable to pay any compensation to the claimants. Hence, prayed for dismissal of the petition.

4. The Tribunal, based on the materials on record concluded that the alleged accident took place due to the negligent act of the driver of the bus and awarded a sum of Rs.19,85,400/- as compensation to the claimants fastening 90% negligence on the driver of the Corporation bus and 10% on part of the deceased motorcycle rider. Aggrieved by this, the present appeal is preferred.

5. The appeal is challenged on two grounds namely negligence and amount awarded towards loss of dependency. According to the appellant/ Corporation the alleged accident was not entirely due to the negligence of the driver of the Corporation bus. The rider of the motor cycle did not possess any driving licence and was riding the bike in a rash and negligent manner due to which the accident occurred. The tribunal ought to have imposed 50% towards contributory negligence instead of 10%. It is further contended that the compensation awarded by the Tribunal towards loss of dependency and consortium is excessive and without considering the degree of negligence involved, thus making the award unsustainable and ought to be set aside.

6. On the other hand, the learned counsel appearing for the respondents/claimants would submit that the alleged accident had occurred only due to the negligent act of the driver of the Corporation bus which was driven in a rash and negligent manner without obeying rules of the road and without honking. The Tribunal has rightly held that the bus driver wa