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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.POORNIMA
United India Insurance Company Limited, Represented through its Branch Manager – Appellant
Versus
Rabeek Begum – Respondent
JUDGMENT :
R.POORNIMA, J.
This Civil Miscellaneous Appeal is preferred against the order passed by the Motor Accident Claims Tribunal/Additional District Judge, Theni, in MCOP No.176 of 2017, dated 03/07/2019.
2.The brief case of the claimant are as follows:-
On 14.07.2017 at about 04.50 hours, the deceased (Saleem) was riding his two wheeler No.TN-60-V-5808 from west to east direction on Bodinaickanur to Thenimain road. While he was proceeding near AIADMK Party Office, the driver of the Car No.TN-09-AU-5142 belonged to the 1st respondent drove the same in a rash and negligent manner and dashed against the two wheeler. In the said accident,the deceased sustained grievous injuries and he was immediately, taken to the Government Hospital, Theni. Thereafter, he was referred to Government Rajaji Hospital, Madurai, for further treatment, however, he succumbed to the injuries on 14.07.2017. Over the occurrence, a case in Crime No.496 of 2017 was registered by the Palanichettiyatti Police Station for the offences under Sections 279 and 304(A) IPC against the driver of the offending vehicle.
3.At the time of accident, the deceased was aged about 32 years and was working as Electrical Engineer
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.
The main legal point established in the judgment is the apportionment of negligence in a motor accident case and the determination of the quantum of compensation to be awarded.
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The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
The court established that both the Tanker Lorry driver and the deceased contributed to the accident, attributing 85% negligence to the driver, while also correcting the compensation calculation base....
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