BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED Vs. S VELUKANDAPERUMAL; B PONPANDI; J JEYA SEKARAMBAIAH

JUDGEMENT

(1.) The appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.343 of 2009, on the file of Motor Accidents Claims Tribunal cum Principal Subordinate Court, Nagercoil.

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

(3.) The first respondent in his counter has denied the averments in the claim regarding age, income and occupation of the petitioner. It was submitted that the accident had occurred only due to the negligence of the petitioner, who had suddenly tried to cross the road and come on to the path of the motorcycle. It was submitted that the claim was excessive. It was submitted that as the second respondent's motorcycle had been insured with the third respondent, at the time of accident, only the third respondent is liable to pay compensation to the petitioner.