NATIONAL INSURANCE COMPANY LIMITED Vs. GEETHA DURAIRAJ

JUDGEMENT

(1.) 1. Feeling aggrieved by the apportionment of negligence and liability in MCOP.No.14/2002 - apportioning 60% negligence to the van driver bearing registration No.PY-01 B 8245 and quantum of compensation, Appellant-Insurance Company has filed CMA No.2712/2004.

(2.) FEELING dissatisfied with the quantum of compensation as well as apportioning 40% negligence and liability to the deceased-Dr.Durairaj, Claimants have preferred CMA.No.1395/2004.

(3.) RESISTING the Claim Petition, Appellant-Insurance Company has filed counter contending that the accident was occurred due to rash and negligent driving of the deceased himself and that he contributed to the accident. Appellant-Insurance Company also averred that the Claimants have to prove that they are the legal heirs of the deceased and that the monthly income of the deceased stated in the Claim Petition is on the higher side.