BRANCH MANAGER, NEW INDIA ASSURANCE Vs. CHINNAPILLAI

JUDGEMENT

(1.) Heard through Physical hearing) Brief facts of the case is as follows: On 1.4.2006 at about 11.30 a.m. at V.Agaram village, a Tractor bearing registration No.TN 46 T 1780 belongs to the respondent No.6 herein, driven by its driver in a rash and negligent manner and suddenly he applied break, thereby, one Kandan who travelled in the Tractor as loadman sustained grievous injuries and died in the hospital. The legal heirs of the deceased filed a claim petition before the tribunal for compensation of Rs.5,00,000/-. On the complaint, a case has been registered in Cr.No.95 of 2006 under Section 279, 304(A) of I.P.C.

(2.) The appellant/Insurance Company contested the case by filing counter affidavit wherein it is stated that the deceased Kandan travelled in "Mudguard" of the Tractor. The tractor is a goods vehicle. The carrying capacity of Tractor is single seater, i.e. driver only. The deceased travelled in the Tractor as unauthorised passenger. Two persons were travelled in the Tractor apart from driver. The first respondent violated the policy conditions. The claimants have to work out their remedy before W.C. Forum. Therefore, Insurer is not liable to pay any compensation.

(3.) On the side of the claimants, P.W.1 and 2 were examined and Ex.P1 to P5 were marked. The Branch Manager of the appellant Insurance Company was examined as R.W.1 and Ex.R1 and 2 were marked on the side of the appellant Insurance Company.