NATIONAL INSURANCE COMPANY LIMITED Vs. RAMALAKSHMI AND ORS

JUDGEMENT

(1.) The appellant / third respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.296 of 2009, on the file of Motor Accidents Claims Tribunal, Principal Sub Court, Tenkasi.

(2.) The short facts of the case are as follows:-

(3.) The third respondent in his counter has submitted that the first respondent had driven the second respondent's bus in a careful and cautious manner and that the deceased Balasubramanian had consumed liquor and negligently tried to get into the crowded bus, as a result of which, he had slipped and fallen down on the road. Hence, as the accident had been caused by the negligence of the (deceased) Balasubramanian, the third respondent cannot be held liable to pay any compensation. It was submitted that the petitioners should prove the age, income and occupation of the (deceased) through documentary evidence.