THAMBUSAMY Vs. R. SELVI

JUDGEMENT

(1.) THE appellant / petitioner has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.19 of 1999, on the file of Motor Accidents Claims Tribunal, Additional District Judge cum Chief Judicial Magistrate, Thanjore at Kumbakonam.

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

(3.) THE second respondent, in his counter has submitted that the van bearing Registration No.TN-31-V-2453 had been insured with them and that the driver had valid driving licence with all the required valid endorsement to drive the same. It was submitted that at the time of accident, the van, which has permit to carry the driver plus 12 passengers with a premium paid at Rs.110/- per passenger, i.e., Rs.1,320/- for 12 passengers and for additional premium of Rs.15/- paid for driver. It was submitted that at the time of occurrence of accident, the van carried totally 20 passengers which is in violation of the Motor Vehicles Act as well as the terms and conditions of the Insurance Policy. The averments in the claim regarding age, income and occupation of the petitioner was also not admitted. It was submitted that the injuries sustained by the petitioner are simple in nature and that the claim is excessive.