THANGAVEL Vs. PONRAJ AND ORS

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal in C.M.A.No.614 of 2008, against the judgment and decree passed in M.C.O.P.No.1129 of 2005, on the file of Motor Accidents Claims Tribunal, Principal District Judge, Tirunelveli.

(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 the age, income, occupation of the petitioner and nature of injuries sustained by the petitioner / claimant. It was submitted that the driver of the Tata Indica Car bearing registration No.TN-69-W-2678 had driven the car in a rash and negligent manner and dashed it against the lorry and as such, the accident had occurred due to composite negligence on the part of both the drivers. It was submitted that as the petitioner has not impleaded the owner and insurer of the Tata Indica Car, the claim is bad for non-joinder of necessary parties. It was submitted that the claim was excessive.