UNITED INDIA INSURANCE CO., LTD Vs. VIJAYAKUMAR

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree dated 31.08.2007, made in M.C.O.P.No.1070 of 2005, on the file of the Motor Accident Claims Tribunal, Fast Track Court IV, Coimbatore.

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

(3.) THE second respondent Insurance Company had filed a counter statement and resisted the claim petition. They had stated in their counter statement that the accident was caused by the rash and negligent riding of the moped bearing registration No.TN39 K7932, which had come on the wrong side of the road and also by the fact that three persons including the claimant had travelled in the moped. The averments made in the claim petition that the van was driven by one Dharmalingam at the time of the accident and that he was employed under the first respondent was also not admitted as the driver had not been arrayed as a party. Further, it was submitted that the claimant should prove that the driver of the van had a valid driving licence and that the van was covered under a valid permit and fitness certificate to ply on the road. The averments made in the claim petition regarding age, income, occupation, nature of injuries, medical treatment taken, loss of earning power and loss of income during treatment period, were also not admitted. it was submitted that the claim was excessive.