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R. VIJAYAKUMAR
General Manager, Tamil Nadu State Transport Corporation, Sivagangai – Appellant
Versus
Ravi – Respondent
JUDGMENT
(Prayer: in CMA(MD).No.920 of 2014:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal, set aside the judgement and decree dated 04.01.2014 passed in M.C.O.P.No.13 of 2013 on the file of the Motor Accident Claims Tribunal/Sub Court, Paramakudi.
Cross Objection No.9 of 2023: - Cross Objection has been filed under Order 41 Rule 22 read with Section 173 of the Motor Vehicles Act, to enhance the award dated 04.01.2014 made in MCOP.No.13 of 2013 on the file of the Motor Accident Claims Tribunal /Sub Court, Paramakudi.)
1. The present appeal has been filed by the Transport Corporation challenging the award passed by the Motor Accident Claims Tribunal primarily on the ground of liability.
2. The claim petition has been filed by the parents of the deceased who had driven a two-wheeler from Pillaiyarpatti to Paramakudi. While the two-wheeler was nearing Okkur at around 4.30 p.m, the respondent Transport Corporation bus came from the opposite direction and dashed against the motor bike in which the deceased died on the spot. An F.I.R in Crime No.1202 of 2002 was registered as against the bus driver on the file of Sivagangai Town Police
The main legal point established in the judgment is that contributory negligence cannot be attributed without establishing a causal connection between the violation of law and the impact of the accid....
Contributory negligence can be established even when the deceased violated transport regulations if it directly contributed to the accident.
Contributory negligence applies when three persons illegally occupy a motorcycle, affecting compensation eligibility.
The court established that the bus driver's negligence caused the accident, setting aside prior contributory negligence attribution to the deceased rider, emphasizing that lack of a driving license d....
Transport Corporation liable as common carrier despite passenger intoxication; minimal contributory negligence (10%) upheld due to absent safety measures.
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
The main legal point established in the judgment is the determination of liability under the Motor Vehicles Act, 1988, the assessment of quantum of compensation, and the application of legal principl....
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