SANKARALINGAM Vs. S. RAJASEKARAN

JUDGEMENT

(1.) THE appellant / claimant has preferred the present appeal against the judgment and decree dated 21.02.2008, made in M.C.O.P.No.3002 of 2006, on the file of the Motor Accident Claims Tribunal, Small Causes Court, Chennai.

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

(3.) THE first respondent, in his counter affidavit, had submitted that the driver of the car drove it in a careful and cautious manner and that the accident was caused by the negligence of all the four persons, who crossed the road from west to east direction, suddenly giving no room for the driver to apply the brake and as such they had fully contributed to the occurrence of accident. Further, it was submitted that the driver of the car had a valid driving licence and that the vehicle was covered under a policy of insurance with the second respondent at the time of accident. It was also contended that in the criminal case filed against the driver of the car, he had been acquitted by the criminal court on 04.07.2007 mainly on the ground that the negligence was on the part of the deceased herein. It was submitted further that the claimant has to prove that he is the legal heir of the deceased. Further, it was submitted that the claim was excessive.