The High Court dismissed a Civil Revision Petition challenging an award of Rs. 5,000 compensation. The Court held that factual findings regarding negligence made by the Motor Accidents Claims Tribunal could not be assailed in revision.
No costs. Connected Miscellaneous Petition is closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR
C.R.P(NPD).No. 1299 of 2008 and M.P.No. 1 of 2008 M/s. National Insurance Co. Ltd., 33, Promenade road, Trichy. ...Petitioner vs. 1.Mann 2.The Managing Director, Tamil Nadu State Transport Co. Ltd., Trichy. 3.A.Ramasami ...Respondents
PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the Judgment and decree dated 24.07.2002 made in MCOP.No. 430 of 2000 on the file of the Motor Accidents Claims Tribunal (Principal District Judge) at Perambalur.
For Petitioner : Mrs.R.Sreevidhya For Respondents : No appearance for R1 and R2 R3 - Exparte ORDER
This Civil Revision Petition has been filed as against the order
the Trial Court awarding compensation of Rs.5,000/- together with interest at the rate of 9% per annum for the simple injury sustained by
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the first respondent.
that the Trial Court has wrongly fixed the negligence on the part of the driver of the tractor, whereas, in other petitions, the Trial Court has held that the accident was due to the negligence on the part of the driver of
the bus.
asp ects and fixed the negligence on the part of the driver of the tractor, I am of the view that, the factual aspects cannot be assailed in this revision
petition.
4. In the result, the Civil Revision Petition is dismissed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
19.03.2019
Index : Yes / No Speaking/Non-speaking order
mbi/vkr
To
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N.SATHISHKUMAR, J.
mbi/vkr
C.R.P(NPD).No. 1299
of 2008 and
M.P.No. 1 of 2008
19.03.2019
1 issue framed by the court
Whether the fixation of negligence by the trial court can be assailed in a revision petition.
M/s. National Insurance Co. Ltd.
Mann
The Managing Director, Tamil Nadu State Transport Co. Ltd.
A. Ramasami
N. Sathishkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
