GOVINDARAJA Vs. VAIRAM

JUDGEMENT

(1.) The appellants / petitioners have preferred the present appeal in C.M.A.No.2722 of 2009, against the judgment and decree passed in M.C.O.P.No.1055 of 2006, on the file of the Motor Accident Claims Tribunal / District Court, Thiruvannamalai.

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

(3.) The 1st respondent, in his counter had submitted that his lorry had been insured with the 2nd respondent, at the time of accident. It was submitted that the driver of the lorry drove it in a careful and cautious manner and that the accident was caused only due to the negligence of the deceased, who had suddenly crossed the road without observing the lorry. The averments in the claim regarding age and avocation of the deceased was also not admitted. It was submitted that the claim was excessive.