PENEET ISAAC Vs. LAKSHMANAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 21.11.2007 made in MCOP.No.466 of 2007 on the file of the Motor Accident Claims Tribunal, (II Additional District Judge) Tirunelveli.

(2.) The petition averments in brief is as follows:

(3.) In the counter statement, the second respondent/Insurance Company denied the mode of accident. The investigation reveals that the motor cycle rider had driven the motor cycle without observing the traffic rules and playing with the pillion ride which caused the motor bike to turn up to the wrong side which caused the accident. The deceased was not having valid driving licence at the time of accident. The various amounts claimed by the petitioner is high and excessive. In support of his contention he has relied upon the order of this Court in C.R.P(PD).No.3685 of 2007, in which, paragraph 14 reads as follows: