NEW INDIA ASSURANCE COMPANY LIMITED Vs. AMARAVEL

JUDGEMENT

(1.) The above appeal has been filed by the Appellant/New India Assurance Company Limited, against the award and decree dated 25.11.2009 made in M.C.O.P. No. 844 of 2004, on the file of Motor Accident Claims Tribunal, Fast Track Court, Dharmapuri.

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

(3.) The second Respondent, the New India Assurance Company Limited, in his counter has resisted the claim stating that the Petitioner had No. driving licence to drive the two wheeler at the time of accident. It was also stated that the Petitioner had driven his vehicle bearing Registration No. TN29-F-8055, rashly and negligently and had suddenly turned the same, without noticing that the vehicles were plying on the main road and by ignoring the horn sound of the driver of the Car. As the Car was driven slowly, the driver of the Car had averted a major accident. Hence it was stated that the accident was caused only by the rash and negligent riding of the Petitioner. It was also stated that the car bearing Registration No. TN09-A-4191 was not insured with the Respondent on the date of alleged accident. It was also stated that the driver of the Car did not have a valid driving licence to drive the Car at the time of accident. It was further stated that as the Petitioner had not impleaded the owner and Insurance Company of the two wheeler, for proper adjudication, the petition is bad and liable to be dismissed for non-joinder of necessary parties. The Respondent has also denied the averments in the claim regarding age, income and occupation of Petitioner, nature of injuries, period of treatment and permanent disability sustained by the Petitioner. It was stated that the claim was excessive.