UNITED INDIA INSURANCE COMPANY LIMITED, KOVILPATTI Vs. CHINNATHAI

JUDGEMENT

(1.) The appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.104 of 2000, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Sankarankovil.

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

(3.) The second respondent in his counter has submitted that the driver of the van had driven it in a rash and negligent manner and that on seeing the vehicle, the driver of the bus had stopped the bus, on the extreme left of the road, but in spite of it, the driver of the van had dashed it against the bus, as a result of which, the van capsized on the western side of the road. It was submitted that the accident was caused only due to negligence of the van driver and that the driver of the second respondent is in no way responsible for the accident. It was submitted that the claim was excessive.