NEW INDIA ASSURANCE CO. LTD. Vs. P.VINAYAGASUNDARAM

JUDGEMENT

(1.) Being aggrieved by the award passed by the Motor Accident Claims Tribunal (District Judge), Sivagangai (in short "Tribunal"), in M.C.O.P.No.321 of 2003, dated 08.07.2008, the New India Assurance Company Limited as well as the parents of the deceased have filed the present appeals viz: C.M.A.Nos22 of 2009 and 1369 of 2012 respectively.

(2.) Background facts in a nutshell are as follows:

(3.) At the very outset, learned counsel appearing for the appellant/Insurance Company contended that the tractor was used for commercial purpose against the policy conditions, since as per the policy conditions, it should have been used for agricultural purpose. Further, by relying upon Ex.P1- FIR and Ex.R2-Insurance Policy, he contended that since the deceased was proceeding as cleaner in the tractor, he is not entitled to get any compensation, as no premium was paid to cover the risk of the cleaner. Thirdly, it was contended that the claimants filed an application before the Workmen Compensation Commission in W.C.No.228 of 2001 and the same was not pressed by them. But, suppressing this fact, they have filed MCOP before the Tribunal and the Tribunal also, without taking note of the earlier claim petition filed under the Workmen Compensation Act, allowed the claim petition ordering compensation.