UNITED INDIA INSURANCE CO LTD Vs. KALYANI

JUDGEMENT

(1.) The above appeal has been filed by the Appellant / United India Insurance Company Limited, against the judgment and decree dated 30.04.2009 made in M.C.O.P. No. 620 of 2003 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Krishnagiri.

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

(3.) The fourth Respondent / United India Insurance Company Limited had filed a counter statement and refuted the claim petition. The Respondent stated that the driver of the first Respondent had committed the accident in a reckless manner. The driver of the third Respondent had driven the vehicle with due caution and at moderate speed. Actually, the driver of the first Respondent had attempted to overtake the ongoing vehicle, as a result, the driver of the first Respondent dashed against the third Respondent's vehicle. The deceased Poongan and others were travelling in a goods vehicle, some of them had been seated in the cabin of the first Respondent's vehicle. The deceased Poongan was not a load-man. The driver of the first Respondent was not possessing a valid driving licence and he was under the influence of alcohol, besides the claim amount is excessive.