NATIONAL INSURANCE CO, LTD Vs. RAJAMMAL

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree dated 29.04.2009, made in M.C.O.P.No.307 of 2008, on the file of the Motor Accident Claims Tribunal, Sub -Court/Fast Track Court, Namakkal and the claimants have preferred the cross objection against the civil miscellaneous appeal.

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

(3.) THE second respondent Insurance Company, in their counter affidavit, had submitted that the accident was not caused due to any rash and negligent driving of the first respondent's van driver, but was caused only due to the negligence of the motorcyclist, who had ridden it at a high speed and in a rash and negligent manner and then suddenly stopped it on the road. The averments made in the claim petition regarding age, income and occupation of the deceased were also not admitted. It was submitted further that the claimants should prove that they are the legal heirs of the deceased and also prove that the driver of the first respondent's van had a valid driving licence at the time of accident through documentary evidence. It was submitted that the claim was bad for non -joinder of the insurer of the motorcycle involved in the accident as necessary party. Further, it was submitted that the claim was excessive.