IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 15.12.2025 Pronounced on 02.02.2026 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI,J.

C.M.A.No. 845 of 2023 Vinoth @ Vinoth Kumar …Appellant Vs.

1. Raghupathi

2. The Oriental Insurance Company Limited, By its Divisional Manager, No.7, Rosy Towers, 2nd Floor, Nungambakkam High Road, Nungambakkam 600 034 …Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, praying for enhancement of the Award amount in MCOP No.349/2019, dated 07.12.2022, on the file of the Principal District Court, Motor Accident Claims Tribunal, Perambalur.

For Appellant : Mr. C. Vidhusan For Respondents : Ms.G.Sukumari for R2 R1 – served – No appearance.

JUDGME NT

By means of this appeal, the appellant challenges the judgment and Award dated 07.12.2022, passed by Motor Accident Claims Tribunal (Principal District Judge), Perambalur, in MCOP No.349/2019.

2. The injured had felt aggrieved as the Tribunal reduced the total compensation award by 50% for contributory negligence, which is contrary to law, weight of evidence and against all probabilities of the case.

3. The Insurance Company nor the owner hav