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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU, R. SAKTHIVEL
Managing Director, M/s.Cholamandalam MS General Insurance Company Limited – Appellant
Versus
Santhi – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Feeling aggrieved by the ‘Award dated July 21, 2023 passed in M.C.O.P.No.764 of 2021 by the 'Motor Accident Claims Tribunal, (Special District Court No.-II), Cuddalore' ['Tribunal' for short], the second respondent therein - Insurance Company has preferred C.M.A.No.521 of 2024 praying to set aside the Award, while the petitioners therein have preferred Cross Objection No.41 of 2024 praying to enhance the compensation. This Common Judgment will govern both, the Civil Miscellaneous Appeal and the Cross Objection.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Motor Claims Original Petition.
3. By the impugned Award, the Tribunal has computed a compensation of Rs.59,42,375/-, out of which 10% has been deducted towards contributory negligence on the part of deceased and thus, the Tribunal awarded a compensation of Rs.53,48,200/- to the petitioners 1 to 5 along with interest at 7.5% per annum from the date of filing of claim petition till the date of deposit.
PETITIONERS' CASE:
4. The first petitioner is the wife of the deceased – Srinivasan. Second and third petitioners are his minor sons. Fourth and fifth pe
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Failure to wear a helmet does not constitute contributory negligence unless evidence indicates it directly caused the accident.
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