SARAYU Vs. SURENDRA VITHAL NAZARE

JUDGEMENT

(1.) This appeal by the claimants-Appellants is diceeted against the judgment and award passed by the Motor Accidents Claims Tribunal, Salem in M.C.O.P. No. 553 of 1999, whereby a consolidated amount of 80,000/-has been awarded as compensation in favour of 2nd and 3rd Petitioners viz., the 2nd and 3rd Respondents herein, who are the mother and father of the deceased.

(2.) The facts of the case lie in a narrow compass.

(3.) The claimants' case was contested only by the 2nd Respondent-Insurer of the lorry. The Respondent-Insurer denied the occurrence of the accident in the manner alleged by the claimants. It is alleged by the 2nd Respondent-Insurance Company that the driver of the Tata Sierra Car was driving the Car rashly and negligently and caused the accident. Various other defences were also taken by the Insurance Company.