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R. THARANI
Tamil Nadu State Transport Corporation Kumbakonam Limited, through its Managing Director, Trichy – Appellant
Versus
K. Karthikeyan – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.200 of 2014, dated 14.08.2018, on the file of the Motor Accidents Claims Tribunal / Additional Sub Court, Karur.)
1. This Civil Miscellaneous Appeal has been filed against the award, made in M.C.O.P.No.200 of 2014, dated 14.08.2018, on the file of the Motor Accidents Claims Tribunal - Additional Sub Court, Karur. The appellant herein is the second respondent, the first respondent herein is the claimant and the respondents 2 & 3 herein are the respondents 2 & 3 in the original M.C.O.P. Petition.
2. A Brief substance of the claim petition, in M.C.O.P.No.200 of 2014, is as follows:
On 29.09.2014, at about 01.15 pm, when the petitioner was travelling in a bus bearing Registration No.TN-45-N-3198, the bus driver drove the vehicle in a rash and negligent manner and he try to overtake a lorry bearing Registration No.TN-45-H-3001 that was proceeding infront of the bus and hit against the lorry and the right elbow of the petitioner rubbed against the lorry and the right hand was severed and it fell down. The petitioner was adm
The court considered the principles of negligence and contributory negligence in determining the compensation amount for the claimant's injuries.
The main legal point established in the judgment is the assessment of liability and compensation in a motor vehicle accident claim under the Motor Vehicles Act.
The main legal point established in the judgment is the duty of the Tribunal to award reasonable and just compensation under Section 173 of the Motor Vehicles Act, 1988, and the limitations on claimi....
The main legal point established in the judgment is the assessment of negligence, disability, and loss of income in determining compensation under the Motor Vehicles Act.
The main legal point established is the application of the Motor Vehicle Act, 1988, in determining compensation for accident-related injuries, including the assessment of disability, loss of income, ....
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 court affirmed the Tribunal's decision, holding the first respondent solely liable for the accident and upholding the compensation awarded as just and reasonable.
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