T ELWIN Vs. SREEKUMAR AND ORS

JUDGEMENT

(1.) The appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.A.C.T.O.P.No.72 of 1994, on the file of Motor Accidents Claims Tribunal, Sub Judge, Padmanabhapuram.

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

(3.) The third respondent / United India Insurance Company Limited, in his counter has denied the averments in the claim regarding age and avocation of the petitioner as well as the manner of accident. It was also contended that the non inclusion of the owner and insurer of the motorcycle bearing Registration No.TCK-2136 as necessary parties, makes the claim as not maintainable. The averments in the claim regarding nature of injuries sustained and medical treatment taken and disability sustained was also not admitted. It was submitted that the accident was caused only due to the rash and negligent riding of the motorcycle by the deceased A.S.Sreedhar and that the driver of the lorry bearing Registration No.KEV-4646 had not been rash and negligent in his driving, as alleged in the claim. It was submitted that the claim was excessive.