UNITED INDIA INSURANCE COMPANY LIMITED Vs. KAMALATHAL

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / United India Insurance Company Limited, against the award and decree dated 21.07.2004 made in M.C.O.P.No.1178 of 1999 on the file of Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.5, Coimbatore.

(2.) THE short facts of the case are as follows:

(3.) THE third respondent in his counter has denied the allegations in the claim stating that the lorry bearing Registration No.M.D.L.27 was not insured with them on the date of accident. The third respondent has also denied the allegation in the claim regarding age, occupation and income of the deceased. It has further been stated that the claim is excessive and baseless. It has further been stated that there was no negligence on the part of the first respondent and that the accident occurred only due to the rash driving of the rider of the Moped. It was further stated that as the collusion involved two vehicles, the rider, owner and Insurance Company of the moped must be made necessary parties for proper adjudication.