UNITED INDIA INSURANCE COMPANY LTD Vs. REVATHY

JUDGEMENT

(1.) The Insurance Company has preferred this appeal challenging the compensation awarded by the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai in M.C.O.P.No.163 of 2006 dated 7.7.2008 as excessive and exorbitant.

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

(3.) Before the Tribunal the 4th respondent - owner of the vehicle remained absent and set exparte. The Insurance Company contested the Claim Petition by filing a counter affidavit alleging that the claimants are bound to prove the date, time, manner of the accident, involvement of the vehicle, its ownership, etc. It is further alleged that the claimants have omitted to implead the parents of the deceased as parties to the Claim Petition. The Claimants are bound to prove that the deceased had a very good practice and was an assessee of income-tax. The counter further alleged that the deceased was solely responsible for the accident on account of his contributory negligence. Finally, it was contended that the amount of Rs. 25 lakhs claimed by the claimants are wholly excessive and exorbitant.