Vinoth v. Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MONDAY THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CMA No.3437 of 2011 Vinoth ...

Appellant/ Petitioner Vs 1.Venkatesh 2.K.Sivalingam (R1 & R2 Set exparte before the Tribunal) 3.National Insurance Company Ltd., Branch II, Palaniappa Complex, Mettur Road, Erode -11.

4.National Insurance Co Ltd., Mettur Road, Bhavani - 638 301. ..

Respondents/Respondents (Given Up) Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree dated 14.02.2011 made in M.A.C.T.O.P.No.146 of 2009 on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District. Decree:This Civil Miscellaneous Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the order of the Lower court and the material papers in the case and upon hearing the arguments of M/s.T.Gayathri for C.Kulanthaivel, Advocate for the Appellant and of M/s.N.B.Surekha, Advocate for the third Respondent and this Court while alowing the Civil Miscellaneous Appeal,doth order and decree as follows:

i)that the Judgment and decree dated 14.02.2011 made in M.A.C.T.O.P.No.146 of 2009 on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District be and hereby is set aside. ii)that the contributory negligence of 50% fixed on the Appellant in CMA.NO.3437/2011 herein/ Petitioners in MACTOP.NO.146/2009 by the Tribunal below is hereby fixed to 20%.

iii)that the third respondent herein/Insurance Company be and hereby do pay a Sum of Rs.1,69,092/-(Rs.One Lakh Sixty Nine Thousand and Ninety Two Only) after deducting 20% of the award amount being Rs.42,273/-(Rs.Forty Two Thousand Two Hundred and Seventy Three Only).

iv)that in other aspects the award of Tribunal below do stand.

v)that there be no costs in this Civil Miscellaneous Appeal.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar To

1. The Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District.

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

+1cc to M/s.N.B.Surekha, Advocate SR.Nos. 25580 +1cc to Mr.C.Kulanthaivel, Advocate SR.Nos. 26402 Dated:26.04.2021 DECREE CMA No. 3437 of 2011 Dismissing the Civil Miscellaneous Appeal preferred against the Judgment and decree dated 14.02.2011 made in M.A.C.T.O.P.No.146 of 2009 on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District etc as stated within.

AK II(CO) A.SK(30.09.2021)