UNITED INDIA INSURANCE COMPANY LIMITED Vs. JOTHILAKSHMI

JUDGEMENT

(1.) The appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.A.C.T.O.P.No.1115 of 2004, on the file of Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court -V, Coimbatore at Tirupur.

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

(3.) The first respondent in his counter, which had been adopted by the second respondent, has submitted that he had not been rash and negligent in his driving of the car and that the accident was caused only due to the negligence of the deceased. It was submitted that in the criminal case filed against this respondent, he had been acquitted. It was submitted that the petitioners should prove that they are the legal -heirs of the deceased and also prove the age income and occupation of the deceased through documentary evidence. It was submitted that the first respondent had a valid driving licence to drive the car and that the car had been insured with the third respondent.