P MANI Vs. P DAYALAN AND ORS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the injured claimant against the Judgement and Decree dated 16.2.2005 made in MCOP.No.66/2003 by the learned Subordinate Judge (MACT) Tirupattur, Vellore District, whereby the Tribunal awarded a sum of Rs.3,13,000/- as total compensation, but however, held that the claimant was entitled only 50 per cent of the compensation by fixing the contributory negligence on the part of the claimant to an extent of 50 per cent.

(2.) The appellant challenged the finding of the Tribunal in fixing 50 per cent contributory negligence on him.

(3.) The facts leading to the filing of this appeal are that on 28.9.2002 at 2.45 p.m. in Tirupattur to Vaniyambadi Highways Road opposite to Don Bosco Higher Secondary School, when the claimant was proceeding in his TVS-50 motorcycle, the bus belonging to the 1st Respondent and insured with the 2nd Respondent Insurance Company, coming in the same direction dashed against the motorcycle, as a result of which, the claimant has sustained severe injuries all over his body.