ORIENTAL INSURANCE CO LTD Vs. SAKKUBAI

JUDGEMENT

(1.) This Appeal is directed against The judgment and award passed by The lower Court in M.C.O.P. No.91 of 1999 dated 28.11.2003. The second respondent before The lower Court is The appellant herein. The claimants before The Court are The respondents 1 and 2 and The first respondent before The lower Court is The third respondent.

(2.) The short facts which are necessary for The disposal of this Appeal would be as follows:

(3.) The learned counsel for the appellant/second respondent would submit in his argument that the Tribunal had miserably failed to consider the violation of policy conditions by permitting the passenger to be carried in a Tractor. However, it had found the appellant liable to pay compensation. He would also submit that the claimants have not filed any documentary proof that the deceased Pandian was travelling as an agricultural labourer at the time of accident. He would further submit that the owner of the Tractor had violated the rules of permit and policy conditions by carrying a person in addition to the driver at the time of accident and, therefore, the appellant/Insurance Company is not liable to pay the compensation. He would again submit that the evidence adduced on the side of the 2nd respondent through R.W.1 and R.W.2 and Exhibits R1 to R4 were not considered by the lower Court, but the Insurance Company was made liable to pay the compensation without any additional premium paid by the owner of the vehicle.