Back
P. T. ASHA
Geetha – Appellant
Versus
R. Devathal – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 28.02.2011 made in M.C.O.P.No.832 of 2006 on the file of Motor Vehicle Claims Tribunal / Additional District Judge, Krishnagiri.)
1. The claimants who are the legal representatives of the deceased Chakkaravarthy filed the above appeal seeking enhancement of the award passed by the Motor Accident Claims Tribunal / Additional District Judge, Krishnagiri District in M.C.O.P.No.832 of 2006.
2. The brief facts are as follows:
The accident had taken place on 14.02.2006 when the deceased Chakkaravarthy was driving an Omni van bearing Registration No.T.N.38.F.3729. He was driving the same in a rash and negligent manner as a result of which he had lost control of the vehicle and the Omni van had overturned. The said Chakkaravarthy had sustained grievous injuries and has ultimately succumbed to the injuries.
3. The learned counsel for the appellants would contend that the accident had occurred because a pedestrian has suddenly darted across the road. If he had not suddenly crossed the road, the accident would not have occurred. The Tribunal held that the
Contributory negligence and the failure to challenge an award can preclude claimants from seeking an enhancement of compensation.
Contributory negligence and absence of appeal from the Insurance Company precluded the claimants from seeking an enhancement of compensation.
Contributory negligence in a fatal accident case can lead to a directive for equal compensation from the insurance companies of the vehicles involved.
The court emphasized the need to award just compensation and considered legal principles for determining contributory negligence and modifying the compensation.
The court upheld the principle of contributory negligence and the determination of compensation in fatal accident cases under the Motor Vehicles Act.
Triple riding alone does not constitute contributory negligence without specific evidence of negligence.
Contributory negligence and determination of liability in motor vehicle accident claims.
The court modified the negligence from 50:50 to 40:60, enhancing compensation due to the claimant's demonstrable earning capacity and proper assessment of contributory negligence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
