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P. T. ASHA
K. Govindasamy – Appellant
Versus
Minor. Kalpana, Rep. by her N/F Father Madhu – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the fair and final order dated 09.12.2019 in M.C.O.P.No.1712 of 2014 passed by the Motor Accident Claims Tribunal, Dharmapuri.)
1. The owner of the offending vehicle is the appellant before this Court.
2. The facts in brief, which are essential for disposing of the above appeal is herein below narrated.
3. The minor petitioner had filed a claim petition in M.C.O.P.No.397 of 2013 on the file of Motor Accident Claims Tribunal, Principal District Judge, Dharmapuri claiming compensation of a sum of Rs.7,00,000/-.
4. It is her case that on 19.10.2011, when she was walking on the road, crossing east to west near Kamaraj Nagar Vinayaka Temple at about 10.30 p.m., the respondent, who was riding his TVS Super XL vehicle bearing Registration No.TN-29-AF-7218 in a rash and negligent manner and hit the minor petitioner, who is the respondent herein. It has resulted in the minor sustaining fractures in her left knee, fracture to the second finger of the left foot, abrasion over right knee, contusion over left hip and injuries all over the body. The petitioner was admitted to Dharmapuri Govern
The main legal point established is that the liability for a road accident caused by negligence can lead to compensation claims, and age and health conditions of the appellant may not be sufficient g....
The driver of the car was found responsible for the accident, and 25% contributory negligence was fixed on the part of the claimant. The court awarded compensation for medical expenses, pain and suff....
The court considered the inexperience of a minor in driving as a factor in apportioning negligence in a road accident case.
Point of law : Doctor has assessed the disability as 45%. Without any reasons, the Tribunal has fixed the disability only as 40%. On the side of the second respondent, it is stated that the claimant ....
Minors driving without a license are not entitled to compensation under the Motor Vehicles Act.
The court emphasized the assessment of negligence and compensation under the Motor Vehicles Act, considering the contravention of the Act by the minor appellant and the erroneous assessment of notion....
Liability determination and contributory negligence in motor accident claims.
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