Balan v. v.K.Sekar
Case brief
What is this about?
Appeal against Motor Accident Claims Tribunal order dismissing compensation claim. Court held appellant failed to prove respondent's negligence due to contradictory testimony and lack of clean hands. Appeal dismissed.
What did the court decide?
Civil Miscellaneous Appeal dismissed. No costs awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.893 of 2014
Balan
... Appellant/Petitioner
Vs.
1.V.K.Sekar
2.The Tamil Nadu State Transport Corporation Limited, Kumbakonam Division,
Trichy. ... Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 12.09.2005 made in M.C.O.P.No.681 of 2002 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate's Court, Namakkal.
Issues for consideration
2 issues framed by the court
Whether the Motor Accident Claims Tribunal correctly dismissed the compensation claim based on the claimed negligence of the appellant.
Whether the contradiction in the appellant's testimony regarding his role (driver vs pillion rider) warrants disallowance of the appeal.
Parties & counsel
- appellant
Balan
- respondent
V.K.Sekar
- respondent
The Tamil Nadu State Transport Corporation Limited, Kumbakonam Division, Trichy
Coram
Case details
As recorded by the court registry
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