NATIONAL INSURANCE COMPANY LTD. Vs. R. AVVAIYAMBAL

JUDGEMENT

(1.) THE appellant/4th respondent has preferred the present appeal in CMA(MD). No. 2237 of 2003, against the judgment and decree passed in M.C.O.P. No. 355 of 1999, on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Kumbakonam. The short facts of the case are as follows:

(2.) THE 2nd respondent in his counter has submitted that the accident had not occurred due to the negligence of the bus driver and that it was caused due to the negligence of the driver of the Ambassador Car. The allegations in the claim regarding the age, income and occupation of the (deceased) Devadas was also not admitted. It was submitted that the claim was excessive.

(3.) THE 4th respondent in his counter has denied the allegations in the claim regarding age, income and occupation of the (deceased) Devadas as well as the manner of accident. It was submitted that the accident occurred only due to the negligence of the driver of the 1st respondents bus and that the driver of the car had not been negligent. It was submitted that the name of the driver had been fixed arbitrarily by the petitioners to suit their claim and that the driver of the car did not have a valid driving licence at the time of accident. It was submitted that the claim was excessive.