MUTHUSAMY Vs. NATARAJAN

JUDGEMENT

(1.) THE appellant/claimant has filed this appeal being aggrieved against the award passed by the Fast Track Court No.I, Tindivanam, (MACT), in MACT.O.P.No.418 of 2002 dated 27.05.2003.

(2.) THE short facts of the case are that on 26.09.1996, while the appellant / claimant was driving his mini lorry from Tindivanam to Pondicherry, he had seen a tipper orry coming in the opposite direction driven in a rash and negligent manner and on seeing it immediately he stopped the vehicle on the left side of the small bridge and inspite of so stopping vehicle dashed against the mini lorry causing grievous injury to the claimant on his right leg and hip resulting in permanent disability. The Tribunal though awarded a total compensation of Rs.2,34,500.00, however held that the injured contributed to the accident to an extent 50% and thus awarded a sum of Rs.1,17,250.00 as compensation. The claimant has challenged the findings of the Tribunal attributing contributory negligence to an extent of 50% on the part of the claimant.

(3.) FOR the reasons stated herein above, the learned Tribunal has fallen in error while holding that the accident occurred on account of contributory negligence on the part of the claimant. Accordingly, the impugned order of the Tribunal to the extent indicated above is set aside and it is held that accident was outcome of rash and negligent driving of the offending tipper lorry bearing Registration No.PYT.849.