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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Branch Manager, Oriental Insurance Company Limited – Appellant
Versus
Jesu Amaladasson – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to negligence in a vehicular accident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over liability between bus driver and two-wheeler rider. (Para 6 , 7 , 8) |
| 3. court's review of case evidence and witness credibility. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. adjustment of awarded compensation and shared liability. (Para 16 , 17) |
| 5. final decision on modified compensation. (Para 18) |
JUDGMENT :
This Civil Miscellaneous Appeal is directed as against the award passed in M.C.O.P.No.128 of 2019 dated 23.03.2023, on the file of the Motor Accident Claims Tribunal cum Additional District Court, Srivilliputhur.
3.Based on the complaint, the Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, registered an F.I.R in Crime No.177 of 2019 for the offences punishable under Sections 279 , 337 and 304(A) of I.P.C against the driver of the fourth respondent's bus as well as rider of the two-wheeler. Hence, the respondents 1 to 3 filed a claim petition seeking compensation to the tune of Rs.70,00,000/-.
5.On perusal of the oral and documentary evidence, the Tribunal concluded that the accident occurred due to the negligence of the fourth respondent's
The court affirmed the principle of shared liability in negligence cases, modifying compensation based on contributory negligence.
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