(1.) This Civil Miscellaneous Appeal has been filed against the Order and Decree dtd. 25/10/2010 made in MC.O.P.No.29 of 2009 on the file of the Motor Accidents Claims Tribunal (Court of Chief Judicial Magistrate), Namakkal.
(2.) The averments made in the claim petition in brief are as follows:-
(3.) The owner of the bus bearing Registration No. TN 47 P 4549/the second respondent herein was absent before the Tribunal, and therefore, he was set ex-parte. The New India Insurance Company Limited contested the claim petition. Before the Tribunal, on the side of the first respondent/claimant, PW1 and PW2 were examined and Ex.Al to Ex.A12 were marked and on behalf of the respondents, no one documents were adduced.