METROPOLITAN TRANSPORT CORPORATION LIMITED Vs. TAMILSELVI

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed by the appellant/first respondent against the award and decree passed on 22.09.2004 in MCOP No.1128 of 1997 on the file of the Motor Accident Claims Tribunal (VI Small Causes Court), Chennai awarding a compensation of Rs.2,48,500/- with interest of 9% from the date of petition till date of payment of compensation.

(2.) AGGRIEVED by the said award, the first respondent/Metropolitan Transport Corporation Limited has filed the above appeal to set aside the order.

(3.) THE third respondent/the National Insurance Company Limited in its counter has resisted the claim stating that the accident happened only due to the rash driving of the driver of the first respondent. Further, a criminal case has been filed only against the driver of the first respondent. Further, it was submitted that the age, income and occupation of the deceased has to be proved by the petitioners. Further, the petitioners should only prove that the driver of the lorry had valid licence, and the lorry had necessary permit and insurance. Hence, they had sought for dismissal of the petition against them.