A. KUMAR Vs. D. MARAGATHAM

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree dated 04.04.2006, made in M.C.O.P.No.1237 of 1998, on the file of the Motor Accident Claims Tribunal, Sub-Court, Dharapuram, Erode District.

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

(3.) The second respondent Insurance Company had filed a counter statement and resisted the claim petition. The Insurance Company had stated that the accident had occurred due to the rash and negligent driving of the claimant herein and as such the claim petition is not maintainable against the Insurance company. Further, the Insurance Company had denied the averments made in the claim petition regarding nature of injuries, mode of treatment, age and income of the claimant. Further, it was submitted that the claimant had not produced medical records of K.J.Hosptal, Coimbatore, wherein he undertook medical treatment as alleged by the claimant.