NATIONAL INSURANCE COMPANY LIMITED Vs. PAULDURAI

JUDGEMENT

(1.) These Civil Miscellaneous Appeals arise out of the common award passed in MCOP Nos.1083 and 1084 of 2006, dtd. 24/07/2009 by the Motor Accident Claims Tribunal/Additional District Court, (FTC No.2), Tirunelveli.

(2.) The brief case is as follows:-

(3.) The 1st respondent and second respondent filed their counter statement denying the entire allegations made in the claim petitions and contended that the accident occurred solely due to the negligence on the part of the rider of the two wheeler. At the time of accident, three persons were travelling on the motor cycle; and the rider did not possess a valid driving licence. Furthermore the two wheeler was also not insured with any of the Insurance Company.