RMT. TEEKAA RAMAN
Saravanan – Appellant
Versus
Vinothpandi – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 23.06.2020 made in MCOP No.141 of 2017 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Perundurai.)
1. The claim petitioner is the appellant herein seeking enhancement of compensation awarded in MCOP No.141 of 2017 dated 23.06.2020 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Perundurai.
2. The factum of accident, manner of accident, rash and negligent driving on the part of the driver of the vehicle belonging to the respondents 1 & 2, vehicle being insured with the third respondent/insurance company and validity of the policy are not in dispute.
3. It remains to be stated that based upon the evidence of appellant as PW1 in the cross examination, the Tribunal has rightly fixed 10% contributory negligence on the part of the appellant for not wearing helmet at the time of accident. Accordingly, the finding rendered by the Trial Court with regard to negligence is hereby confirmed and the appellant is
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