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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. GOVINDARAJAN THILAKAVADI, J
S. Selvakumar – Appellant
Versus
M/s. Lucky Silks, Represented by its Proprietor P. Kadhar Batcha – Respondent
| Table of Content |
|---|
| 1. incident details and compensation claim. (Para 4) |
| 2. defendants' argument on contributory negligence. (Para 5) |
| 3. court's analysis on negligence and income assessment. (Para 6) |
| 4. determination of contributory negligence ratio. (Para 11 , 12) |
JUDGME NT
This appeal, under Section 173 of Motor Vehicles Act, has been filed by the appellant/claimant for enhancement of the sum awarded in the judgment and decree dated 26.06.2023 made in M.C.O.P. No.255 of 2019 on the file of the Motor Accident Claims Tribunal / Subordinate Judge, Perambalur.
2. For the sake of convenience, the parties are referred to as per their ranking in the Tribunal and at appropriate places, their rank in the present appeal would also be indicated.
3. Shortly stated, on 18.10.2018, at about 10.30 hours, the appellant /
petitioner was riding his two wheeler bearing Registration No. TN-91-V-6638 with his friend Thangadurai on the pillion. When the appellant / petitioner stopped his two wheeler and waited to cross the road from east to west, near Roever College, a car bearing Registration No.TN-49-BK-3333, owned by the 1st respondent, came in a rash and negligent manner from Chennai to Tiruchirapallai and d
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