(1.) THE second respondent-Insurance Company in MCOP No.709 of 2007 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Namakkal is the appellant in C.M.A.No.3759 of 2010 and the claimants in the said O.P are the Cross Objectors in Cross Objection No.178 of 2011.
(2.) THE brief facts of the case are as follows:
(3.) THE learned counsel for the appellant further submitted that but for the negligence of the deceased, the accident would not have occurred. Alternatively, the learned counsel submitted that since the two wheeler has also contributed to the accident, the Tribunal should have fixed the contributory negligence on the part of the deceased also.