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2020 Supreme(SC) 38

N.V.RAMANA, V.RAMASUBRAMANIAN
MOHAMMED SIDDIQUE – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent


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JUDGMENT

V. Ramasubramanian, J.

1. Leave granted.

2. Aggrieved by the order of the High Court reducing the compensation awarded by the Motor Accident Claims Tribunal from the sum of Rs.11,66,800/­ to Rs.4,14,000/­, the parents of the deceased­accident victim have come up with the above appeal.

3. We have heard the learned counsel for the appellants and the learned counsel for the Insurance Company.

4. Admittedly, the son of the appellants who was aged about 23 years, died on 7.09.2008 as a result of the injuries sustained in a road traffic accident that took place on 5.09.2008. It appears that the victim was one of the 2 pillion riders on a motor cycle and he was thrown off the vehicle when a car hit the motor cycle from behind. The Motor Accident Claims Tribunal found that the accident was caused due to the rash and negligent driving of the car. This finding was confirmed by the High Court, though with a rider that the victim was also guilty of contributory negligence, in as much as there were 3 persons on the motor cycle at the time of the accident, requiring a reduction of 10% of the compensation awarded.

5. On the question of quantum of compensation, the appellants claimed that their


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