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2021 Supreme(Mad) 571

V.M.VELUMANI
S. Rajeswari – Appellant
Versus
Superintendent of Police, Superintendent Office, Vellore – Respondent


Advocates Appeared:
For the Appellants :M. Sivakumar for C. Prabakaran, Advocates.
For the Respondents:S. Jaganathan, Government Advocate (CS).

JUDGMENT :

Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 05.10.2015 made in M.C.O.P.No.450 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.

1. The Civil Miscellaneous Appeal is filed challenging the portion of the award fixing 50% contributory negligence on the part of the deceased as well as for enhancement of compensation granted by the Tribunal in the award dated 05.10.2015 made in M.C.O.P.No.450 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.

2. The appellants are the claimants in M.C.O.P.No.450 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore. They filed the said claim petition claiming a sum of Rs.18,50,000/- as compensation for the death of their son viz., S. Tamilselvan, who died in the accident that took place on 17.01.2011.

3. According to the appellants, on the date of accident i.e., on 17.01.2011 at 4.30. p.m., while

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