LAKSHMI Vs. V NAGARAJAN AND ORS

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The Insurance company had filed counter statement and resisted the claim petition. The respondent submitted that the said lorry had not been insured with his company. Further, the accident had not been caused during the course of employment of the deceased. The respondent denied the averments in the claim regarding age, income and occupation of the deceased. Further, the accident is not covered under the Motor Vehicles Act.

(3.) On considering the averments of both parties, the Tribunal had framed four issues, namely, (1) whether the accident had been caused by the negligent driving by the driver of the lorry (2) Did the lorry driver have a valid licence at the time of accident (3) was the lorry insured with the insurance company (4) whether the claimant is entitled to get compensation If so, what is the quantum of compensation .