UNITED INDIA INSURANCE COMPANY LTD Vs. S.KOMALA

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree dated 27.08.2008, made in M.C.O.P.No.2702 of 2006, on the file of the Motor Accident Claims Tribunal, Small Causes Court No.V, Chennai.

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

(3.) THE second respondent Insurance Company, in their counter affidavit, had submitted that the driver of the Auto drove it along the Anna Main Road in a slow and cautious manner and that the Van bearing registration No.TN02 C9709, coming in the opposite direction, was suddenly turned towards the right side and came in the way of the auto. On seeing the same, the driver of the Auto suddenly applied brakes, but inspite of it, the Van had dashed against the Auto and in the process, the passengers of the Auto sustained injuries. Further, it was submitted that the accident was caused only by the negligence of the van driver. It was also submitted that the claim was bad for non -joinder of the owner and insurer of the Van as necessary parties. The averments made in the claim petition regarding age, occupation, income, nature of injuries, period of treatment and disability were also not admitted. The averments made in the claim petition that the offending vehicle was insured with their Company and that the driver had availed driving licence at the time of accident were also not admitted. Further, it was submitted that the claim was excessive.