NATIONAL INSURANCE CO., LTD Vs. P.N. MUTHU

JUDGEMENT

(1.) THE appellant / third respondent has preferred the present appeal against the judgment and decree dated 26.03.2008, made in M.A.C.T.O.P.No.27 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District and Fast Track Court No.V, Coimbatore.

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

(3.) THE third respondent Insurance Company had filed their counter affidavit and resisted the claim petition. They had denied the averments made in the claim petition regarding age, occupation and income of the deceased. Further, the accident had been committed by the rider of the motorcycle due to his negligence. Further, they had submitted that three persons had travelled on the motorcycle and as such there is violation of policy conditions and violation of M.V.Act and as such the Insurance Company is not liable to pay compensation. Further, they had submitted that the owner and insurer of the motorcycle are also necessary parties in the claim and the second respondent's lorry had not been covered under valid vehicular records to ply on the public road.