NEW INDIA ASSURANCE CO. LTD. Vs. MURUGAMMAL

JUDGEMENT

(1.) This appeal is preferred by the Insurance Company being aggrieved and dissatisfied with the award passed by the the Motor Accident Claims Tribunal (Subordinate Judge) at Udumalpet.

(2.) The respondents 1 to 4 herein are the claimants before the Tribunal. The respondents 5 and 6 are the Driver and owner of the Tractor respectively. Before the Tribunal, both the Driver and the Owner of the Tractor remained absent and they were set exparte.

(3.) The content of the claim petition, in short, is as follows:- On 06.12.2011, at about 4.30 pm, the deceased M.Shenniappan travelled as a Loadman Agricultural Coolie in a Tractor from Vallakundapuram to the brick chamber at Gundurotti Kadu to deliver coconut shell. The Tractor bearing Registration No.TN 41 AC 3667 was driven by the Driver/fifth respondent herein. When the Tractor was nearing the Mudala Gounder Thoppu situated in South to North of Vallakundapuram to Kodingiyam road suddenly the Driver of the Tractor with very great speed in rash and negligent manner rode the vehicle without control. Due to this sudden act, the deceased fell in the road. The Tractor ran over the deceased and also got capsized. The deceased sustained severe injuries on his vital parts and died on the spot.