NEW INDIA ASSURANCE COMPANY LIMITED Vs. GOPAL

JUDGEMENT

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

(2.) The second respondent in his counter has submitted that the petitioner, without seeing the oncoming vehicle on the road side, suddenly crossed the road, due to which, the accident had happened. It was submitted that as per the terms of the insurance policy, the owner of the vehicle had violated the policy conditions. The averments regarding age, status, occupation, monthly income, injury sustained and medical expenditure incurred by the petitioner towards treatment were also denied. It was submitted that the claim was excessive.

(3.) The Tribunal after considering the averments of both parties had framed two issues. On the side of the claimant, two witnesses were examined and twelve documents were marked. On the side of the second respondent, one witness was examined and one document was marked.