NEW INDIA ASSURANCE COMPANY LIMITED Vs. N BANUMATHI; MINOR N MALATHI, D/O LATE S NAGAPANDY; MINOR N SIVARANJANI, D/O LATE S NAGAPANDY AND ORS

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.1305 of 2004, on the file of the Motor Accidents Claims Tribunal, First Additional Subordinate Court.

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

(3.) The first respondent, in his counter has submitted that the accident had been caused only by the negligence of the (deceased) Nagapandi and not due to any negligence on the part of the first respondent's driver as alleged in the claim. It was submitted that as the first respondent's vehicle had been insured with the second respondent, only the second respondent can be held liable to pay compensation to the petitioners, if so decided by the Tribunal.