M.SHANTHI Vs. T.CORBAN SINGH

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed challenging the order passed by the learned the Motor Accident Claims Tribunal cum Special District Judge (MCOP Cases), Madurai, in M.C.O.P.No.381 of 2017, dtd. 14/3/2019.

(2.) The claimants are the appellants in the appeal. The appeal is filed challenging the award of the tribunal in-deducting 15% of the compensation amount towards contributory negligence of the deceased and also for enhancement of compensation.

(3.) The deceased was 55 years at the time of accident. He was running a coffee stall at Madurai - Theni Main Road. Whileso, on 1/1/2017, at about 04.45 a.m, when the deceased was walking from East to West direction on the extreme left side of the road to open the coffee shop, nearing Thangamuneeswarar Temple, a Car bearing Reg.No.TN-59-AQ-6466 belonging to the first respondent came in the opposite direction, at a high speed in a rash and negligent manner, without sounding horn and dashed against the deceased. As a result, the deceased was thrown away and sustained multiple injuries on head and all over the body. He was pronounced dead on arrival at the Government Rajaji Hospital, Madurai, therefore the legal heirs of the deceased filed the claim petition seeking compensation of Rs.16,00,000.00.