E S SAMRAJ Vs. S.SRINIVASAN

JUDGEMENT

(1.) This matter is heard through "Video-Conferencing". This Civil Miscellaneous Appeal has been filed by the owner of the vehicle challenging the portion of the award dismissing the claim petition as against the 2nd respondent/Insurance Company dated 30.06.2011 made in M.C.O.P.No.180 of 2008 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate's Court, Krishnagiri.

(2.) The appellant is the 1st respondent in M.C.O.P.No.180 of 2008 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate's Court, Krishnagiri. The 1 st respondent filed the said claim petition claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 18.02.2005.

(3.) According to the 1st respondent, on the date of accident i.e., on 18.02.2005 at about 1.30 p.m., while the 1 st respondent was travelling along with sugarcane load from his field to Palacode sugar mill for supply in the tractor-trailer belonging to the appellant insured with the 2 nd respondent and when the vehicle was proceeding on Kaveripattinam to Palacode main road, near Elumitchanahalli bus stop, the driver of the said tractor-trailer drove the same in a rash and negligent manner and suddenly applied brake. Due to the said impact, the sugarcane load, which was loaded in the trailer, fell on the 1 st respondent, he fell down on the road from the tractor, the left side wheel of the tractor ran on him and thus the accident has occurred. Due to the accident, the 1 st respondent sustained grievous injuries all over the body and hence, he filed the above said claim petition claiming compensation against the appellant and the 2nd respondent.