BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD Vs. ELLAMMA

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree dated 26.11.2007, made in M.C.O.P.No.3 of 2006, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Hosur.

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

(3.) THE second respondent, in their counter affidavit, has denied the averments made in the claim that the accident had been caused by the rash and negligent driving by the driver of the first respondent's auto and that it had been covered under a policy insurance with the second respondent. It was submitted that the first respondent's auto driver did not have a valid licence to drive it at the time of accident. It was submitted that the claimant had sustained only simple injuries and had not sustained grievous injury or disability as alleged in the claim petition. The averments made in the claim petition regarding age, income and occupation of the claimant was also not admitted. It was submitted that the claim was excessive.