Chennai bus driver gets clean chit 13 years after accident, but did he get justice?

A cyber investigation has cleared a Chennai city bus driver of cellphone use during an accident, a good 13 years after it happened, finding no calls on his phone at that point of time. In fact, his phone had been switched off for one and a half hours at the time of the incident, contrary to the management’s initial claims.

The revelation has emerged in the case of a 2012 Metropolitan Transport Corporation (MTC) bus accident on Chennai’s Anna Flyover, which had initially been pinned on the driver’s negligence. After a 13-year legal battle, the court has ruled that the accident was caused by mechanical failure, including a defective driver’s seat, absolving the driver, D Prasad (60), of all charges.

The case has now spotlighted serious lapses by the MTC management and officials who allegedly filed false reports, prompting calls for accountability.

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What happened in 2012?

The case dates back to July 26, 2012, when, around 1.30 pm, the said MTC bus, lost control while navigating a curve on Anna Flyover during peak traffic hours, veered off its lane, collided with the bridge railing, and partly went over the edge.

Several passengers suffered injuries, some severe, and were rushed to nearby government hospitals by emergency services. An FIR was promptly filed against driver Prasad, alleging negligence, leading to his suspension from duty.

However, Prasad contested the accusations, claiming the accident was due to mechanical issues beyond his control. Now, after a prolonged legal battle, including appeals and a criminal trial at Saidapet Magistrate Court, he has been acquitted.

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A life altered by systemic failure

Prasad recounted the incident in a statement: “I was driving the bus as usual when it crossed Anna Flyover. My seat broke, I lost balance and went down, but I managed to apply the brakes with my hand and stopped the bus. It hit the flyover wall and stopped. No one was injured initially, but when the recovery van tried to pull the bus, it fell, becoming big news. It had nothing to do and was not my fault.”

But the accident changed his life, said Prasad. “The mistake was made by the MTC management, and I lost my job,” he recounted.

Investigations revealed that the bus, reported as unfit for operation due to mechanical issues, including the faulty driver’s seat, by another driver on route M27 (WP615) earlier that very day, was returned to the depot. Despite that, Prasad was assigned the same defective bus without being informed of its prior rejection. This critical oversight led to the accident.

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Systemic lapses and lack of accountability

When the case was heard, the Tamil Nadu Labour Court ruled in favour of Prasad, finding no fault with his conduct, and ordering his reinstatement, but the MTC refused to comply and appealed in Madras High Court instead. The latter also ruled in Prasad's favour; yet the MTC took no action. Consequently, Prasad's lawyer filed a contempt petition, leading to his eventual induction into the job in September 2016.

But in the meantime, Prasad, who fought a 13-year legal battle through department inquiries, labour law proceedings, Saidapet Court, and Madras High Court, suffered a cardiac arrest and his health suffered massively. He also ran up a huge debt which he is still struggling to settle.

“I got my job back by returning 50 per cent of my settlement to the MTC management and retired,” he said, highlighting the personal toll of the ordeal.

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Advocate’s plea for justice

Surprisingly, no disciplinary action was ever taken against the then branch manager, Natarajan (now Joint Managing Director, MTC), who authorised the release of the faulty bus. Similarly, the RTO Motor Inspector, Ashok Kumar, falsely certified the bus as roadworthy, and the Investigating Officer, Nandakumar, failed to conduct a thorough inquiry.

Prasad’s advocate, George William, stated, “Prasad is an innocent driver, but he was punished by a system that has still not taken action against the officials who cheated the government. He only saved many passengers. Any MTC bus accident is breaking news, but for employees, it’s a breaking life.”

Williams said the investigation found no incoming or outgoing calls on Prasad’s phone, which was switched off for one and a half hours before the incident, contradicting the management’s claims.

Prasad and his advocate have urged the Tamil Nadu government to initiate a preliminary inquiry into the conduct of the officials Natarajan, Ashok Kumar, and Nandakumar. Neduchezhiyan, MTC's General Manager of Operations, has stated that the department will take legal action against any officials found guilty of falsifying reports, provided there is evidence.