T SUBRAMANIAN Vs. A GANAPATHY AND ORS

JUDGEMENT

(1.) The appellant / first respondent has preferred the appeal in C.M.A.No.441 of 2005, against the judgment and decree passed in M.C.O.P.No.388 of 2000, on the file Motor Accidents Claims Tribunal / IV Additional Sub Court, Madurai.

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

(3.) The first respondent, in his counter has submitted that the first respondent's car driver had driven the car carefully and cautiously and that the petitioner's car, coming from the opposite direction and driven at a high speed and in a rash negligent manner had dashed against the first respondent's car. It was submitted that the claim was excessive. It was submitted that as the first respondent's vehicle had been insured with the second respondent, the first respondent cannot be held liable to pay any compensation to the petitioner.