(1.) THE above appeal has been filed by the appellants / M/s.Patel K.N.R., (VR), NH 46, Package 3, (K.R.1) Camp and National Insurance Company Limited, against the award and decree dated 28.09.2004 made in M.C.O.P.No.342 of 2004 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court No.2), Krishnagiri.
(2.) THE short facts of the case are as follows:
(3.) THE Tribunal had framed three issues for consideration, namely;-