(1.) The injured-claimant is in appeal being not satisfied with the judgment and award dated 15.09.2016, passed in MVC No.414/2015 on the file of the Senior Civil Judge & MACT, Gagavathi (for short 'the tribunal').
(2.) The brief facts, which are necessary for disposal of this appeal are as under:
(3.) On issuance of notice, respondent Nos.1 to 3 appeared before the tribunal and contested the matter. Respondent Nos.1 and 2 denied the petition averments in toto. They also contended that no accident has occurred as is alleged by the claimant. If the driver of the vehicle is responsible for the accident, since the vehicle is insured, the Insurance Company be saddled with the liability. Whereas the Insurance Company also denied the petition averments and denied that the driver of the offending vehicle was not negligent. They also contended that the terms of the policy was violated and sought for dismissal of the petition.