PANCHAVARNAM Vs. S LOGACHANDRAN

JUDGEMENT

(1.) The appellant / claimant has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.120 of 2002, on the file of the Motor Accidents Claims Tribunal, Sub Judge, Aruppukottai.

(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 age and income of the (deceased) Muthuvairam. It was submitted that the first respondent's lorry driver had driven the lorry in a careful and cautious manner and that the rider of the TVS 50 moped had ridden his vehicle at a high speed and in a rash and negligent manner and dashed it against the respondent's lorry. It was submitted that as the owner and insurer of the moped had not been added as necessary parties in the claim, the claim is not maintainable. It was submitted that the first respondent's lorry was not insured with the second respondent and that the driver of the lorry did not have a valid licence at the time of accident. It was submitted that the petitioner should prove through documentary evidence that the husband of the deceased and the (deceased) were living separately prior to the accident and that he had subsequently married one Shanthi. It was submitted that the claim was excessive.