M.SUBRAMANI Vs. M.NALLAPPAN

JUDGEMENT

(1.) THE appellant / claimant has preferred the present appeal against the judgment and decree dated 12.11.2008, made in M.C.O.P.No.375 of 2006, on the file of the Motor Accident Claims Tribunal -cum -Principal Sub -Court, Krishnagiri.

(2.) THE short facts of the case are as follows: - The claimant, who is the father of the deceased Rindhiya, had filed a claim petition in M.C.O.P.No.375 of 2006, on the file of the Motor Accident Claims Tribunal -cum -Principal Sub -Court, Krishnagiri, against the respondents, claiming a sum of Rs.5,00,000/ - as compensation, for the death of his child Rindhiya in a motor vehicle accident.

(3.) THE second respondent, in her counter affidavit, had submitted that the first respondent drove the lorry bearing registration No.TN29 V3166, slowly and cautiously and that the accident was caused only due to the rash and negligent driving of the claimant, who had driven his motorcycle in a rash and negligent manner and dashed it against the lorry. It was submitted that the claimant did not have a valid licence to drive the motorcycle at the time of accident. Further, it was submitted that the claim was bad for non -joinder of the owner and insurer of the motorcycle as necessary parties. It was also submitted that the claimant had not produced any legal heir certificate to prove that he is the legal heir of the deceased. It was submitted further that the claim was excessive.