MURUGESAN Vs. ARUNACHALAM

JUDGEMENT

(1.) The appellant/National Insurance Company has preferred this appeal against the order and decree passed in M.C.O.P.No.519 of 2002 on the file of the Fast Track Court No.4/Additional District Judge Poonamallee. (Motor Accidents Claims Tribunal), dated 11.10.2004.

(2.) The brief facts of the claim application is as follows:-

(3.) It is the case of the claimant that the accident occurred only due to rash and negligent driving of the vehicle by its driver. The first respondent as the owner and the second respondent as the insurer of the same and he claimed a sum of Rs. 6,00,000/- as compensation. The second respondent-Insurance Company has filed a counter statement stating that it is the driver of the tractor which proceed in front of the petitioner's car suddenly applying the break in turn, the petitioner drove his car towards its right and at the time an Ambassador car which came from the opposite direction dashed against the petitioner sustained grievous injuries and are all hereby denied.