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Motor Accident Claims Tribunal, Section 173 Motor Vehicles Act, Contributory Negligence, Compensation, Madras High Court Judgment, Royal Sundaram General Insurance, M.C.O.P. No.4898 of 2019.
06 Mar, 2026
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Royal Sundaram General Insurance Co. Ltd. Vs. Mangaiyarkarasi And Others
As per case facts, claimants sought compensation for their son's death in a motorcycle-car accident. The car allegedly overtook and braked suddenly, causing the motorcycle to crash. The Insurance Company
...denied negligence, blaming the deceased. The Tribunal found 70 percent negligence on the car driver and 30 percent on the deceased, leading to an appeal by the Insurance Company questioning the negligence apportionment and compensation quantum, while claimants cross-objected for higher compensation. The question arose whether the Tribunal's findings on contributory negligence and compensation were correct and just. Finally, the High Court upheld the Tribunal's apportionment of 70 percent negligence to the car and 30 percent to the deceased, emphasizing the deceased's duty to maintain safe distance. However, the court increased the notional income, enhancing the total compensation. The Insurance Company's appeal was dismissed, and the claimants' cross-objection was partly allowed.
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