JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the decree and judgment dated 19th January 2017, passed in M.C.O.P.No.583 of 2010, by the Hon'ble Motor Accidents Claims Tribunal, (In the Court of Principal Subordinate Judge), at Tiruvannamalai.)

1. The civil miscellaneous appeal is filed against the judgment and decree dated 19.01.2017 passed in M.C.O.P.No.583 of 2010.

2. The appeal is preferred by M/s. Cholamandalam MS General Insurance Company Limited, challenging the said judgment and decree, mainly on the ground that the 1st respondent/claimant had committed an act of negligence and therefore, he is not entitled for compensation and the Tribunal has erroneously awarded the compensation.

3. The parties are referred, as per the ranking of the Motor Accident Claims Tribunal. The facts in brief as narrated in the claim petition are as under:

The petitioner is aged about 30 years and he was hale and healthy at the time of the accident. He was contract labour at TNEB and he was earning not less than Rs.10,000/- per mont