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2019 Supreme(Mad) 624

V.M.VELUMANI
Ganeshan @ Ganesh – Appellant
Versus
Vilasini – Respondent


Advocates Appeared:
For the Appellant :Ma. P. Thangavel, Advocate.
For the Respondent:T. Ravichandran, Advocate.

JUDGMENT :

1. These Civil Miscellaneous Appeals have been filed by the appellant/claimant against the common award dated 07.08.2012 made in M.C.O.P.Nos.897 & 900 of 2010 on the file of the Sub Court, (Motor Accident Claims Tribunal), Sathyamangalam.

2. Both the appeals arise out of the same accident and common award and hence, they are disposed of by this common judgment.

3. The appellants/claimants filed M.C.O.P.Nos.897 & 900 of 2010 on the file of the Sub Court, (Motor Accident Claims Tribunal), Sathyamangalam, claiming a sum of Rs.10,00,000/- each as compensation for the injuries sustained by them in the accident that took place on 26.09.2010.

4. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by both the rider of the motorcycle in which the appellants traveled as pillion as well as the driver of the Indica Car belonging to the 1st respondent and fixed 50% negligence on both of them and directed the respondents to pay a sum of Rs.1,17,000/- and Rs.85,750/- jointly and severally being 50% of the compensation amount to the appellants/claimants.

5. Challenging the award fixing 50% contributory negli



























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