UNITED INDIA INSURANCE CO. LTD. Vs. JAHIR HUSSAIN

JUDGEMENT

(1.) The appellant/2nd respondent has preferred the present appeal in CMA No.90 of 2007, against the judgment and decree passed in M.C.O.P.No.2203 of 2001, on the file of the Motor Accident Claims Tribunal, III Additional Subordinate Judge, Trichy.

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

(3.) The 2nd respondent, in his counter has denied the allegations regarding manner of accident. It was contended that the petitioner had rested his right hand on the grill near window of the bus and that as the 3rd respondent's bus driver had driven the bus very near to the van, without giving any space, the 3rd respondents bus dashed against the right side of the van and caused the accident. It was contended that if the bus driver had given sufficient room, while overtaking the van, the accident would not have occurred. The allegations in the claim regarding age, income, occupation, permanent disability and medical expenses were also not admitted. It was submitted that the claim was excessive.