K M MANOHARAN DECEASED Vs. KANDASAMY

JUDGEMENT

(1.) THE appeal is filed by the Insurance Company of the trailer and the owner of the trailer. THE accident happened in this manner:

(2.) ON 1.10.1994 at 10.30 a.m., one Duraian who is the son of the respondents 1 and 2 was travelling in the trailer bearing Regn. No.TNW 9445 for loading sugarcane. The trailer was attached to the tractor. The trailer belonged to the deceased 1st appellant whose legal representatives have now been impleaded and was insured by the 2nd appellant. The tractor belonged to the 4th respondent and was driven by the 3rd respondent and was insured by the 5th respondent. The manner in which the accident took place is not in dispute and Ex.P-1 is the F.I.R. It is seen therefrom that when the tractor-trailer was going round the bend in Soogalur road, the deceased Duraiyan was attempting to place a stone on the left side rear wheel of the tractor. At that time, the driver, not noticing that Duraian was behind the wheels, started the tractor rashly and negligently and therefore, the trailer's back wheel went over the deceased Duraiyan and he died.

(3.) THE death had occurred by the trailer running over the deceased Duraiyan. In that sense, it may be said that only the appellants should pay the compensation. But we cannot ignore the fact that it was the rash and negligent driving of the tractor's driver which had jerked the trailer over the deceased. Without the negligence of the tractor's driver, the trailer would not have moved forward or backward as the case may be.