NEW INDIA ASSURANCE COMPANY LIMITED Vs. THAILAMMAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order of tribunal in M.C.O.P.No.1997 of 2004 dated 16.11.2006 on the file of the Motor Accident Claims Tribunal, Third Additional Subordinate Court, Tiruchirappalli.

(2.) The appellant is the second respondent in the claim petition. The first respondent filed the claim petition, claiming a sum of Rs. 3,00,000/- (Rupees Three Lakhs Only) as compensation for the death of her son in the accident that occurred on 17.04.1987. According to the first respondent, while the driver of the car belonging to the second respondent herein was trying to overtake the tanker lorry due to rash and negligent driving by the driver of the car, the accident occurred. The car was insured with the appellant. Hence, the first respondent filed the claim petition against the second respondent and the appellant.

(3.) The second respondent herein remained ex-parte before the Tribunal.