NEW INDIA ASSURANCE COMPANY LIMITED Vs. MADASAMY

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal in C.M.A.(MD)No.1194 of 2007, against the judgment and decree passed in M.C.O.P.No.829 of 2003, on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Fast Track Court No.1, Thirunelveli.

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

(3.) THE second respondent, in his counter has submitted that the accident had been caused only due to the rash and negligent driving of the lorry by the petitioner, who had dashed his lorry against the first respondent's lorry bearing registration No.MP -09 -K -3087, which was lying in a state of disrepair. It was submitted that the first respondent's lorry driver did not have a valid driving licence to drive it at the time of accident. It was submitted that the criminal case had been filed against the petitioner and that he had admitted his guilt and paid the fine of Rs.800/ - on 07.05.2003 before the criminal Court. It was submitted that the petitioner can only claim compensation from the third and fourth respondents under the Workmen's Compensation Act. It was submitted that the claim was excessive. In its additional counter, it was submitted that the cheque issued for premium for insurance policy by the first respondent was returned dishonoured for want of adequate funds in his account. It was submitted that the policy issued for the first respondent's vehicle extending coverage from 02.12.2002 to 01.12.2003 was cancelled and that a notice had been sent to the first respondent on 09.12.2002.