BRANCH MANAGER Vs. MOHANDHAS GANDHI

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.58 of 2005, on the file of Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District, Srivilliputur.

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

(3.) The second respondent, in his counter has submitted that the driver of the ambassador car bearing registration No.TN-72-Z-6060, drove the car at a normal speed in a careful and cautious manner and that when the car was near Sivarambika petrol bunk, the driver of the bus, coming in the opposite direction, had driven the bus at a high speed and in a rash and negligent manner and dashed it against the car. It was submitted that as the driver and insurer of the bus involved in the accident had not been added as necessary parties, it renders the claim not maintainable. The averments in the claim regarding age, income and occupation of the petitioner was also not admitted. The averments in the claim regarding nature of injuries sustained, medical treatment taken, disability and disfigurement of face of petitioner was also not admitted. It was submitted that the petitioner had sustained only simple injuries and that they had healed completely. It was submitted that the claim was excessive.