JUDGME NT

This appeal, under Section 173 of Motor Vehicles Act , has been filed by the appellants/claimants questioning the negligence and quantum of compensation awarded in M.C.O.P. No.187 of 2021 on the file of the Motor Accident Claims Tribunal / Special District Court II, Cuddalore.

2. The learned counsel for the appellant would submit that, the Tribunal has erroneously fixed 10% contributory negligence on the part of the deceased for not wearing helmet at the time of accident is unsustainable. Her further contention is that, the Tribunal ought to have fixed the monthly income of the deceased as Rs.94,175/- instead of Rs.90,675/-, without deducting House Rent Allowance and Medical Allowance, warrants interference by this Court. 3. On the other hand, the learned counsel for the 2^nd Respondent would submit that, the Tribunal, after analysing the materials on record, had rightly fixed 10% contributory negligence on the part of the deceased and awarded just compensation, warrants any interference. Hence, prayed for dismissal of the Civil Miscellaneous Appeal.

4. Heard on both sides. Records perused.

5. It is