Chitra v. S.Aswin
Case brief
What is this about?
Appeal against MACT award fixing 30% contributory negligence on the injured claimant and meagre compensation. The Court held non-possession of licence/insurance does not contribute to accident, reduced contributory negligence to 10%, enhanced compensation to Rs.3,74,253/- with interest at 7.5%.
What did the court decide?
Contributory negligence reduced from 30% to 10%; compensation enhanced from Rs.2,48,386/- to Rs.3,74,253/- with interest at 7.5% payable by insurer within six weeks.
What the court decided
C.M.A.No.69 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.M.A.No.69 of 2023
Chitra
.. Appellant
Vs.
- S.Aswin
- 2.United India Insurance Co., Ltd, Branch Office, 178, Dr.Nanjappa road, Opp. Chidambaram Park, Coimbatore- 641 018. .. Respondents
Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the 30% negligence fixed against the appellant and enchance the award passed by Special District Judge, Erode (Motor Accident Claims Tribunal) dated 22.02.2021 made in M.A.C.T.O.P.No.827 of 2017 from Rs.2,48,386/- to Rs.4,48,386/- (As restricted by the Appellant) as against the claim of Rs.8,12,000/- with interest and cost.
Issues for consideration
2 issues framed by the court
Was fixation of 30% contributory negligence on the claimant for non-possession of driving licence and insurance policy justified?
Is the quantum of compensation awarded by the Tribunal adequate?
Parties & counsel
- appellant
Chitra
- respondent
S.Aswin
- respondent
United India Insurance Co., Ltd
Coram
Case details
As recorded by the court registry
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