NATIONAL INSURANCE CO. LTD Vs. P. KANTHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the Judgment and Decree dtd. 25/4/2005 made in M.C.O.P.No.3291 of 1996 on the file of the Motor Accident Claims Tribunal (Additional District and Fast Track Court - II), Chennai.

(2.) The brief facts of the case are as follows :- On 19/7/1996, at about 23.30 hours, the deceased Palani @ Rajamanickam was riding in his cycle from west to east in Sardar Patel Road on the northern side of the road. At that time, a lorry bearing Registration No.TN-09-F-6926, came in the opposite direction from east to west in a high speed, rash and negligent manner, dashed against the deceased as a result he died on the spot. The accident occurred only due to the rash and negligent driving on the part of the driver of the first respondent vehicle which insured with the second respondent. The legal heirs of the deceased have claimed a sum of Rs.7,00,000.00 as compensation.

(3.) The Insurance Company, in the counter statement, has denied all the facts except the admitted one, the claimant has not bound to prove the facts with relevant documents. Further, the Insurance Company denied the involvement of the first respondents vehicle. Hence, he place the responsibility on the claimants to prove the accident. It is further stated that the accident had occurred due to the negligence on the part of the rider of the cycle. The appellant/Insurance Company has also denied the claim made by the claimant, apart from that the other aspects regarding the age, income, occupation are also denied by the Insurance Company. Further, it is also denied the involvement of the vehicle, insurance of the vehicle and possession of the driving license of the driver were also denied by the respondent.