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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.POORNIMA
National Insurance Company Limited – Appellant
Versus
Pauldurai – Respondent
JUDGMENT :
These Civil Miscellaneous Appeals arise out of the common award passed in MCOP Nos.1083 and 1084 of 2006, dated 24/07/2009 by the Motor Accident Claims Tribunal/Additional District Court, (FTC No.2), Tirunelveli.
2.The brief case is as follows:-
(i) On 20/01/2006 at about 10.30 pm, one Jothi was riding his Bajaj M80 TN-76-Z-0843 along with his friend Pauldurai as pillion rider on the Surandai to Senthamaram road by south-north direction. When they were nearing Natarajan Kalyanamandabam Pillaiyar Kovil, a load auto rickshaw not bearing registration number mark, which was driven by the 1st respondent from the opposite direction in a rash and negligent manner and dashed against the motor cycle. In that process, both the rider and the pillion rider of the motor cycle fell down and sustained injuries. They were immediately taken to the Tirunelveli Medical College Hospital, Palayamkottai, for treatment and thereafter, admitted in the private hospital for further treatment.
(ii) Over the occurrence, a case in Crime No.21 of 2006 was registered by the Surandai Police Station, against the 1st respondent for the offences under Sections 279, 337 and 338IPC.
(iii) Claiming compensation f
The main legal point established in the judgment is the determination of contributory negligence in motor accident cases and the validity of the multiplier method for calculating compensation.
Liability determination and contributory negligence in motor accident claims.
The court established that in cases of joint liability, the principle of contributory negligence applies, allowing for allocation of compensation based on percentage of fault by each party involved.
The court emphasized the importance of considering the deceased's notional income and apportioning negligence based on the circumstances of the accident.
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