UNITED INDIA INSURANCE COMPANY LIMITED Vs. PUSHPA

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.A.C.T.O.P.No.1763 of 2002, on the file of Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court -V, Tiruppur.

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

(3.) The second respondent in his counter has submitted that the petitioners should prove that they are the legal -heirs of the deceased and dependants on his income and also prove the age, income and occupation of the deceased through documentary evidence. It was submitted that the accident had occurred only due to the negligence of the deceased and not due to any negligence on the part of the driver of the van bearing registration No.TN -38 -C -0249, as alleged. It was submitted that as the accident had occurred due to ahead on collision between two vehicles, the owner and insurer of the motorcycle have to be added as necessary parties. It was submitted that the claim was excessive.