NEW INDIA ASSURANCE CO. LTD Vs. MADHAMMAL

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 28.02.2013, made in M.C.O.P. No.760 of 2010, on the file of the Principal District and Sessions Court, (Motor Accident Claims Tribunal), Dharmapuri District.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.760 of 2010, on the file of the Principal District and Sessions Court, (Motor Accident Claims Tribunal), Dharmapuri District. The respondents 1 to 6/claimants filed the said claim petition, claiming a sum of Rs.10,00,000/- as compensation for the death of one Velu, who died in the accident that took place on 22.04.2009.

(3.) According to the respondents 1 to 6, on the date of accident, the deceased was working as a Loadman Coolie in the Tractor bearing Registration No.TN-29-AC-3237 belonging to the 7 th respondent. When the said Tractor was proceeding near Natesan field near Ooni, the driver of the Tractor drove the same in a rash and negligent manner and lost his control over the vehicle and capsized by hitting right side stone and caused accident. In the impact, the deceased who was thrown in the road, succumbed to severe injuries and died on the way to Hospital. The accident occurred due to rash and negligent driving by the driver of the Tractor belonging to the 7 th respondent and hence, the respondents 1 to 6 filed the claim petition claiming compensation against the appellant as insurer and 7 th respondent as owner of the said vehicle.