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R. THARANI
Tamil Nadu State Transport Corporation Limited, Represented by its Managing Director, Madurai – Appellant
Versus
Malliga – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to allow this appeal, setaside the award and decree made in M.C.O.P.No.70 of 2014 dated 07.07.2018 on the file of the Motor Accident Claims Tribunal / Special District Court, Madurai.)
1. This appeal is filed against the order made in M.C.O.P.No.70 of 2014 dated 07.07.2018 on the file of the Motor Accident Claims Tribunal / Special District Court, Madurai. The appellant herein is the respondent. The respondents herein are the claimants in the claim petition.
2. Brief substance of the claim petition is as follows:
On 11.08.2013, at about 9.20 a.m., the deceased Muniyandi travelled as a pillion rider in a two wheeler bearing registration number TN 58 M 8532 which was driven by its driver in a slow and cautious manner along the left side of the Santhaipettai - Tirupparankundram Road, near Thavittusanthai bus stop. At that time, a bus bearing registration number TN 58 N 1279 was driven by its driver in a rash and negligent manner dashed against the two wheeler. The deceased sustained injury. He was taken to the Apollo hospital and was admitted as an inpatient from 11.08.2013 and he
The court's decision was influenced by the provisions of the Motor Vehicle Act, 1988, and the precedent set in the case of National Insurance Co. vs Pranay Sethi and others, emphasizing the reasonabl....
The main legal point established in the judgment is the apportionment of contributory negligence in a motor vehicle accident and the assessment of compensation based on the evidence presented.
The main legal point established in the judgment is the determination of negligence and calculation of compensation under the Motor Vehicles Act.
The court held that the accident was caused solely due to the rash and negligent driving of the bus driver and fixed 10% contributory negligence on the deceased, influencing the decision on compensat....
The court applied the multiplier method and considered the percentage of disability to calculate the compensation amount, highlighting the principles established in the 2021-1-TNMAC-404(SC) judgment.
The main legal point established in the judgment is the determination of contributory negligence and the calculation of enhanced compensation under the Motor Vehicles Act.
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