BABY AMMAL AND ORS Vs. MUTHUBALAJI AND ORS

JUDGEMENT

(1.) The appellants/petitioners have preferred the present appeal in CMA No.1400 of 2007, against the Judgment and Decree passed in M.C.O.P.No.168 of 2006, dated 05.01.2007, on the file of Motor Accidents Claims Tribunal, (District Court), Nagapattinam.

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

(3.) The first respondent, in his counter has submitted that the accident was caused only due to negligence of the deceased and not due to any negligence on the part of the rider of the motorcycle. It was submitted that the accident had occurred on 22.05.2003 and the deceased Govindaraj had died only on 11.09.2003. It was submitted that as per the wound certificate issued to the (deceased) Govindaraj, it is evident that the deceased had sustained only simple injuries and hence, it was evident that his death had not been caused due to the injuries sustained in the accident. It was submitted that as the first respondent's motorcycle rider had a valid licence and as the vehicle was covered under a valid policy of insurance with the second respondent, only the second respondent is liable to pay compensation, if so, decided by the Tribunal. The averments in the claim regarding income of the deceased was also not admitted. It was submitted that the claim was excessive.