NATIONAL INSURANCE CO LTD Vs. SUBRAMANIAN AND NARASIMULU

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the Appellant/National Insurance Company Limited against the award and decree dated 03.04.2008 made in M.C.O.P. No. 286 of 2006 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge Cuddalore.

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

(3.) The Insurance Company had filed a counter statement and resisted the claim petition. The Respondent stated that the accident had not been committed by the driver of the car, who had observed all traffic rules, while he was driving the car. The driver was not possessing a valid driving licence and the vehicle was not covered by valid records. As such, the Insurance Company is not liable to pay compensation. The Respondent denied the nature of injuries, mode of treatment and the age, income and occupation of the claimant. Besides, the claim amount is an excessive one.