UNITED INDIA INSURANCE CO. LTD Vs. RAMALINGAM

JUDGEMENT

(1.) THE claimants have filed M.C.O.P.No.137 of 2005, on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Mayiladuthurai, against the owner and Insurance Company of the Tractor bearing Registration No.TN 51 W 6960 stating that when the 1st claimant's son was travelling on the mudguard of the Tractor on 25.08.2003, on the Nallathur Main Road, the deceased had fallen from the Tractor and succumbed to his injuries. Hence, the claim has been filed.

(2.) THE Insurance Company has filed counter statement and resisted the claim petition. The respondent stated that the accident is a self invited disaster by the deceased and the claimants had also openly admitted that the deceased had travelled on the mudguard of the Tractor and as such as the policy conditions had been violated, the Insurance Company is not liable to pay compensation. The respondent denied the averments in the claim regarding age, income and occupation of deceased.

(3.) ON the side of the claimants, two witnesses were examined and 6 documents were marked as Exhibits P1 to P6 namely: Ex.P1 F.I.R.; Ex.P2 Motor Vehicle Inspector's report; Ex.P3 Postmortem report; Ex.P4 Criminal Court judgment; Ex.P5 Insurance policy; and Ex.P6 Deceased educational qualification certificate. On the side of the respondent's, one witness was examined and one document viz. Insurance policy was marked as Ex.R1.