NEW INDIA ASSURANCE COMPANY LTD Vs. GANDHIPILLAI

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal filed against the decree and judgment dated 21.12.2011 passed in MCOP No.2399 of 2007 by the Motor Accidents Claims Tribunal, (Principal District Judge), Cuddalore

(2.) THE Insurance Company is the appellant. The respondents 1 to 5 filed a claim petition before the Motor Accidents Claims Tribunal, (Principal District Judge), Cuddalore, claiming compensation for the death of one Venkatesan, aged 31 years, driver by profession. The respondents 1 and 2 are parents, 3 to 5 are brothers and a sister.

(3.) THE Insurance Company took a plea that the alleged offending lorry was not involved in the accident and the deceased himself had contributed to the negligence and therefore, the owner and the Insurance company of the motorcycle ought to have been impleaded. It also took a plea of no driving licence for the driver of the insured vehicle and that the vehicle had no insurance.