NEW INDIA ASSURANCE CO. LIMITED Vs. RAKKAMMAL

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal in C.M.A.No.1122 of 2004, against the judgment and decree passed in M.C.O.P.No.376 of 2002, on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Tirunelveli.

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

(3.) THE second respondent in his counter has submitted that the deceased Muthiah has not passed away due to the alleged injuries sustained by him in the accident and that there is no connection between the injuries sustained by him in the accident and the injuries said to have been sustained by him before his death. It was submitted that the deceased was treated in the hospital and after his complete recovery, he was discharged from the hospital about 6 1/2 months prior to his death. It was submitted that he had been discharged in a good and normal condition. It was submitted that the driver of the lorry bearing Registration No.TN-U-2406 did not have an effective and valid driving licence at the time of accident. The averments in the claim regarding age, income and occupation of deceased, the nature of injuries sustained by him, the manner of accident were also not admitted. It was submitted that on 04.08.2001, at about 04.10 p.m., the lorry involved in the accident was driven slowly and carefully from south to north and that the cyclist who was riding on the centre of road, on hearing the horn of the lorry, lost control and dashed against the lorry. It was submitted that the accused occurred only due to negligence of the cyclist. It was submitted that the claim was excessive.