NATIONAL INSURANCE CO LTD Vs. MARY; SELVAM; SELVARAJ

JUDGEMENT

(1.) The appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.77 of 2005, against the judgment and decree passed in M.C.O.P.No.986 of 2000, on the file of the Motor Accidents Claims Tribunal / Additional District Judge, Fast Track Court No.II, Tirunelveli.

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

(3.) The 1st respondent, in his counter has submitted that the TVS Champ vehicle bearing Registration No.TCT-7530 had been insured with the 2nd respondent at the time of accident and that the policy was valid from 20.04.1999 to 19.04.2000. It was submitted that as the accident had occurred on 01.04.2000, only the 2nd respondent is liable to pay compensation. It was submitted that the rider of his vehicle, namely Vijayasankar had a valid licence to drive the TVS Champ at the time of accident and that the criminal case filed against him, the said Vijayasankar had paid the fine before the criminal Court. It was submitted that as the accident had occurred only due to the negligence of the deceased, the 1st respondent is not liable to pay compensation. The averments in the claim that the deceased was earning Rs.3,500/- per month was also not admitted. It was submitted that the claim was excessive.