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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
Krishnappa – Appellant
Versus
M.Thennarasu – Respondent
JUDGMENT :
The claimants are before this Court seeking an enhancement of the compensation and to fix the entire liability on the 2nd respondent made in order dated 02.11.2023 made in M.C.O.P.No.453 of 2019 on the file of the MACT Tribunal, Additional District Court, Hosur.
2. The appellants/claimants are the father, mother and sister of the deceased Anil Kumar. On 12.05.2019 at about 14.30 hours, when the deceased was riding the two-wheeler Bajaj Pulsar bearing Regn.No.TN-70- AA-8583 along with one pillion rider on Bagalur to Housr Road, at that time, the 1st respondent/driver of the Eicher lorry bearing Regn.No.TN-59- BD-0120 belonging to the 2nd respondent, which was insured with the 3rd respondent coming from Bagalur towards Hosur in front of the two-wheeler and he drove the same in a rash and negligent manner and applied sudden brake, the two-wheeler in which the deceased was travelling hit on the right rear safety bumper of the Eicher lorry, due to which, the deceased sustained fatal injuries and succumbed to the same. Therefore, the claimants have filed a claim petition claiming a sum of Rs.1,00,00,000/- as compensation in M.C.O.P.No.453 of 2019 for the death of the deceased.
3.
Contributory negligence cannot be presumed solely based on the violation of law; a causal connection to the accident must be established.
Contributory negligence must be specifically pleaded, and failure to substantiate claims of shared liability can invalidate reductions in compensation awarded.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The court emphasized proper determination of contributory negligence and fair compensation, ultimately enhancing the awarded amount to reflect actual losses experienced by the claimants.
The court emphasized the determination of negligence and the assessment of compensation under various heads, setting aside the finding of contributory negligence and enhancing the compensation.
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
Point of law: Section 110A and Section 110B of Motor Act, 1988 are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fatal Accident....
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