DHANALKSHMI AND ORS Vs. S SELVAM AND ORS

JUDGEMENT

(1.) The appellants / petitioners have preferred the present appeal against the judgment and decree passed in M.C.O.P.No.858 of 1996, on the file of Motor Accidents Claims Tribunal, Subordinate Court, Palani.

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

(3.) The second respondent, in his counter has submitted that the accident had not occurred due to any negligence on the part of the first respondent's lorry driver and had occurred due to the negligence of the deceased. It was submitted that the petitioners should prove that the first respondent's lorry had been covered under a valid policy of insurance and that the driver of the lorry had a driving licence to drive the lorry through documentary evidence. It was submitted that the petitioners should prove that they are the legal-heirs of the deceased Kandaswamy and that they are dependants on the income of the deceased through documentary evidence. It was submitted that the claim was excessive.