P. KRISHNAN Vs. S. SELVAM

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed against the Judgment and Decree dtd. 19/10/2004 made in M.C.O.P.Nos. 59 and 61 of 2004 on the file of the Motor Accident Claims Tribunal (I Additional Sub Court), Erode.

(2.) The facts of the cases are as follows :

(3.) The third respondent/Insurance Company, in the counter statement, has denied the rash and negligent driving on the part of the first respondent. The other aspects regarding the age, income and injuries sustained by the claimants have also denied by the Insurance Company. It is further stated that the vehicle involved in the said accident is a three wheeler Mini Door Auto, in which, only three persons can travel in the said vehicle. It is also stated that carrying animals in the said vehicle is against the terms and conditions of the policy and hence the third respondent is not liable to pay the compensation.