SARANYA Vs. P.T.ARAVINDAN

JUDGEMENT

(1.) Challenging the award dtd. 6/7/2024 passed in MCOP.No. 106 of 2020 by the Chief Judge, Small Causes Court, Chennai, with regard to 50% of contributory negligence on the part of deceased, the claimants have preferred this Civil Miscellaneous Appeal.

(2.) The case of the appellants is that on 13/10/2019 at about 19.45 hours, while the deceased Panneerselvam was riding a motorcycle bearing Regn. No. TN-06 F-7648 proceeding from West towards east, near Thellar Swamy Abedhanandha Polytechnic college on Vandavasi to Tindivanam National highway, a bus bearing Regn. No. TN-76 AA-5078, came from the opposite side driven in a rash and negligent manner, dashed the victim's two wheeler and caused an accident. Due to which, the deceased sustained grievous head injury and died on the spot. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.49,00,000.00.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 1st respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.17,40,000.00 under various heads and the same was directed to be paid with interest at the rate of 7.5% per annum.