UNITED INDIA INSURANCE CO LTD TRICHY Vs. SUGIRTHA

JUDGEMENT

(1.) The above appeal has been filed by the Appellant/United India Insurance Co. Ltd., against the judgment and decree dated 21.03.2007, made in M.A.C.T.O.P. No. 348 of 2005 on the file of the Motor Accidents Claims Tribunal, Sub Judge, Ginjee.

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

(3.) The second Respondent in his counter has resisted the claim denying the averments in the claim regarding the involvement of the van bearing Registration No. TN-25-D-8997 in the alleged accident. The Respondent has also denied the averments in the claim regarding age, income and occupation of deceased and has also denied that the Petitioners are the legal-heirs of the deceased. Further, it was stated that the non-inclusion of the owner and insurer of the TVS 50 as necessary parties in the claim renders, the claim not maintainable. The Respondent has also denied that the said van had been insured with them at the time of accident and that the Van driver had a valid driving licence, at the time of accident. It was stated that the claim was excessive.