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L. VICTORIA GOWRI
Divisional Manager, The Royal Sundaram Alliance Insurance Co. Ltd, Chennai – Appellant
Versus
K. Periyasamy – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 13.04.2016 made in M.C.O.P.No.507 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), Trichy.
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 13.04.2016 made in M.C.O.P.No.506 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), Trichy.)
Common Judgment:
1. Both the Civil Miscellaneous Appeals have been filed as against the common judgment and decree in M.C.O.P.Nos.506 and 507 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), at Tiruchirappalli dated 13.04.2016. Challenging the award passed by the learned Tribunal, the appellant insurance company has filed these appeals.
3. The brief facts leading to filing of these Civil Miscellaneous Appeals are as follows:-
(i) On 12.01.2008, at about 04.15 a.m., the injured claimant in M.C.O.P.No.506 of 2009 was driving a lo
The main legal point established in the judgment is the apportionment of negligence between the parties involved in the accident and the determination of compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the determination of negligence in a motor accident case and the modification of compensation based on the evidence presented.
The main legal principle established in the judgment is the determination of liability in motor accidents claims and the assessment of reasonable compensation based on the evidence presented.
Contributory negligence cannot be automatically fixed on individuals traveling in a motorcycle, and evidence is required to prove the extent of disability and loss of income in claims for compensatio....
The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicle Act, 1988.
The judgment establishes the principle of contributory negligence in motor vehicle accidents, emphasizing the need to consider the actions of all parties involved in determining liability and compens....
The main legal point established in the judgment is the determination of liability in a motor vehicle accident case, based on the evidence presented, including witness testimonies, medical documents,....
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