SARAVANAN Vs. VINOTHPANDI

JUDGEMENT

(1.) The claim petitioner is the appellant herein seeking enhancement of compensation awarded in MCOP No.141 of 2017 dtd. 23/6/2020 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Perundurai.

(2.) The factum of accident, manner of accident, rash and negligent driving on the part of the driver of the vehicle belonging to the respondents 1 and 2, vehicle being insured with the third respondent/insurance company and validity of the policy are not in dispute.

(3.) It remains to be stated that based upon the evidence of appellant as PW1 in the cross examination, the Tribunal has rightly fixed 10% contributory negligence on the part of the appellant for not wearing helmet at the time of accident. Accordingly, the finding rendered by the Trial Court with regard to negligence is hereby confirmed and the appellant is entitled to 90% of the compensation amount.