NEW INDIA ASSURANCE CO., LTD Vs. M. BHASKAR

JUDGEMENT

(1.) THE appellant / third respondent has preferred the present appeal against the judgment and decree dated 08.08.2007, made in M.C.O.P.No.244 of 2004, on the file of the Motor Accident Claims Tribunal and Additional District and Sessions Court (Fast Track Court No.3), Poonamallee.

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

(3.) THE third respondent Insurance Company, in their counter affidavit, had denied the averments made in the claim petition regarding manner of accident. It was submitted that on the date of accident, the driver of the van drove it carefully and cautiously, as it was raining and that due to mechanism failure in their van, it fell into a ditch on the road. It was submitted that the claimant had only travelled as a passenger in the van and that as no premium had been paid to ensure coverage of risk of a mechanic, the third respondent is not liable to pay any compensation and as such the claimant has to get his remedy by filing a claim under the Workmen's Compensation Act.