NEW INDIA ASSURANCE CO. LTD Vs. KAMALAM

JUDGEMENT

(1.) THE claimants have filed claim petition in M.C.O.P.No.477 of 2001, on the file of the Motor Accidents Claims Tribunal, (Additional District cum Sessions Judge & Fast Track Court 3), Dharapuram, stating that when the 1st claimant's husband, Achuthan was proceeding on the Moped bearing Registration No.TDC 4672, on the Coimbatore Main road, on 01.05.1999, at about 10.00 a.m., the lorry bearing Registration No.TDI 9798, coming in the same direction and driven in a negligent manner, dashed against the moped. As a result, the 1st claimant's husband has succumbed to his injuries. Hence, the claim has been levelled against the owner and insurer of the offending vehicle.

(2.) THE Insurance Company had filed counter statement and resisted the claim petition. The respondent submits that the said lorry had not been involved in the said accident and the said lorry was not covered under valid R.C., F.C. and Permit. It was submitted that the driver of the lorry did not possess a valid driving licence. The averments in the claim regarding age, income and occupation of deceased was not admitted. Further, it was submitted that the deceased did not die due to injuries sustained in the alleged accident and as such the claimants are not entitled to get compensation.

(3.) ON the side of the claimants, three witnesses were examined and 17 documents were marked as Exhibits namely F.I.R.; Motor Vehicle Inspector's report; Charge sheet; Wound Certificate; Rough sketch; Copy of Criminal Court judgment; Accident register; Legal heir certificate; Death Certificate; Motor Vehicle Inspector's report; Discharge summary; Medical records; Medical bills; Hospital bills; and Salary Certificate. On the side of the respondents, no oral evidence was let in and no documentary evidence was produced.