BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. S KUNJAMMAL; S PAULRAJ; S MANIKANDAN; S VIJAYALAKSHMI; N NATARAJAN; BALASUBRAMANIAM

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.333 of 2006, on the file of Motor Accidents Claims Tribunal, Sub Court, Palani.

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

(3.) The second respondent in his counter has denied the averments in the claim regarding age, income and occupation of the deceased and manner of accident. The averments in the claim that the accident was caused due to the rash and negligent riding of the third respondent and that the (deceased) S.Nagarajan has sustained injuries in the said accident and had died due to injuries sustained in the accident were also not admitted. It was submitted that as coverage of insurance was not extended to pillion riders as per the policy of insurance of the first respondent's motorcycle, the second respondent cannot be held liable to pay any compensation. It was submitted that the claim was excessive.