UNITED INDIA INSURANCE COMPANY Vs. JUSTIN DHASS; MASTER STALIN; PRABHUDASS; NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The third respondent / United India Insurance Company had filed a counter statement and resisted the claim petition. The respondent denied the accident and stated the driver of the mini bus is not responsible for the said accident. Actually, the claimant had ridden his motorcycle in a negligent manner and caused the said accident, as such, he is solely responsible for the said accident. The respondent has denied the mode of treatment, nature of injuries, period of treatment, medical expenses and age of the claimant. The driver of the mini bus was not possessing a valid driving licence and the bus was also not covered under a valid permit to ply on the said route.

(3.) On considering the averments of both parties, the Tribunal had framed three issues for consideration, viz.,