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2022 Supreme(Mad) 3976

S. SOUNTHAR, V. M. VELUMANI
Kalaiselvan – Appellant
Versus
Y. Josaph Paladurai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M. Lokesh, M.A.P. Thangavel.
For the Respondent: D. Bhaskaran

JUDGMENT :

V.M. VELUMANI, J.

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 25.10.2019, made in M.C.O.P. No. 64 of 2019, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal.

1. This Civil Miscellaneous Appeal has been filed by the appellant-claimant challenging the 35% contributory negligence fixed on him and for enhancement of compensation granted by the Tribunal in the award dated 25.10.2019, made in M.C.O.P. No. 64 of 2019, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal.

2. Originally the appellant filed the claim petition in M.C.O.P. No. 1345 of 2017 before the Motor Accident Claims Tribunal, Principal District Court, Namakkal. Thereafter, the said M.C.O.P. No. 1345 of 2017 was transferred to the Motor Accident Claims Tribunal, Chief Judicial Magistrate’s Court, Namakkal and re-numbered as M.C.O.P. No. 64 of 2019.

3. The appellant is the claimant in M.C.O.P. No. 64 of 2019, on the file of the Motor Accid

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