NATIONAL INSURANCE COMPANY LIMITED Vs. ASWINI AND ORS.

JUDGEMENT

(1.) THE appellant/second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P. No. 34 of 2006, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Chengalpattu. The short facts of the case are as follows:

(2.) THE second respondent, in his counter has submitted that the accident was caused only due to the negligence of the deceased motorcyclist. The averments in the claim regarding age, income and occupation of the deceased was also not admitted. It was submitted that the claim was excessive.

(3.) THE Motor Accident Claims Tribunal had framed three issues for consideration in the case, viz. - -