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2018 Supreme(Mad) 4550

N.KIRUBAKARAN, KRISHNAN RAMASAMY
Gaurav Kumar – Appellant
Versus
Gestamp Sungwoo Hitech (Chennai) Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr.G. Balaji Prasad
For the Respondent: Mr.S. Arunkumar

JUDGMENT :

N. Kirubakaran, J.

Prayer: Civil Miscellaneous Appeal as against the judgment and decree dated 03.08.2017 passed by the Motor Accidents Claims Tribunal (II Judge, Court of Small Causes), Chennai, in M.C.O.P.No. 4829 of 2013.

1. This Civil Miscellaneous Appeal has been filed by the injured/claimant as against the award of the Motor Accidents Claims Tribunal (II Judge, Court of Small Causes), Chennai, passed in M.C.O.P. No. 4829 of 2013 by order dated 03.08.2017, by which 50% contributory negligence was fixed on the claimant, for non-possession of valid licence, in respect of the accident, which occurred on 21.06.2013, in which the appellant sustained grievous injuries leading to amputation of his right leg above knee and fracture of both bones of right forearm and a sum of Rs.5,11,000/- was awarded as compensation for the disability sustained by him.

2. On contest, though the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the Maruti Omni Ambulance, owned by the 1st respondent and insured with the 2nd respondent, howeve

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