C AMMASI Vs. V V O AANDI

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.1416 of 2005, on the file of Motor Accidents Claims Tribunal, IIIrd Additional Sub Court, Madurai.

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

(3.) The second respondent, in his counter has denied the averments in the claim regarding age, income and occupation of the petitioner, manner of accident, nature of injuries sustained by her, medical treatment taken and alleged disability. It was submitted that the driver of the first respondent's tractor bearing registration No.TN-59-H-6081, drove it in a careful and cautious manner and adhering to all the rules and regulations of the road and that the petitioner had travelled the motorcycle along with two other persons, which was against the rules of the Motor Vehicles Act and that by doing so, all the three persons had not only committed breach of act and rules, but had also been responsible for the causing the accident. It was submitted that the claim was excessive.