NEW INDIA ASSURANCE COMPANY LIMITED Vs. RUKKUMANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 01.07.2008, passed in M.A.C.O.P.No.2077 of 2002 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge) (Fast Track Court I), Madurai.

(2.) The appellant is the second respondent. The first respondent is the claimant. According to the first respondent, she travelled in an auto belonging to the second respondent along with two bags of vegetables for her business. The driver drove the auto in a rash and negligent manner, due to which, the auto capsized and the first respondent sustained injuries. The auto was insured with the appellant and hence, he claimed a sum of Rs. 70,000/- as compensation against both the second respondent and the appellant.

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