NEW INDIA ASSURANCE CO. LTD., VELLORE Vs. RAMAN

JUDGEMENT

(1.) The appeal is directed against the judgment and decree passed in M.C.O.P. No. 76 of 2001 dated 23.6.2003 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Ranipet, Vellore District. One Chandiran is the deceased in this case. The claimants are his parents. On 5.1.2001, at about 5.10 a.m., at Athipattu village, near the residence of one Kumar, while the deceased was travelling in the tractor bearing registration No. TN 23-X 8895 connected to the trailer No. TN 22-X-8896 driven by its driver, one Perumal, due to rash and negligent driving of the tractor, the deceased fell down and the wheel of the tractor ran over his head and he died on the spot. The deceased was working as agricultural coolie and was earning a sum of Rs. 3,000 per month. Hence Rs. 5,00,000 is prayed for as compensation.

(2.) In the counter filed by the appellant insurance company, it is stated that the vehicle involved in the accident is a tractor and trailer which is licensed to be used to carry only goods, that on the date of accident, as many as 18 persons were travelling in the trailer and the vehicle was used as a mode of passenger transport against the regulations of the traffic and the deceased was sitting on the tow bar which is connected to the tractor and the trailer. Hence, the claimant is not entitled to get the compensation from the insurance company and that the amount claimed is excessive and hence the petition has to be dismissed.

(3.) After hearing both the parties and going through the exhibits and oral evidence, the Tribunal has fixed the liability upon the insurance company for the payment of compensation and awarded Rs. 2,98,000 as compensation payable to the respondents-claimants. Aggrieved by the said award, the appellant insurance company is before this court by way of this appeal.