NATIONAL INSURANCE CO , LTD Vs. RAMAN AND ORS

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 06.04.2005, made in M.C.O.P.No.166 of 2004, on the file of the Motor Accident Claims Tribunal (Fast Track Court), Kallakurichi.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 07.08.2002, at about 04.30 p.m., when the deceased Venkatesan was proceeding in the first respondent's tractor bearing registration No.TN27 Q6584, the driver of the tractor drove it in a rash and negligent manner and as a result of which the vehicle capsized and the deceased Venkatesan sustained grievous injuries and died. At the time of accident, the deceased Venkatesan was aged 14 years and was working as a Tailor and earning Rs.5,000/- per month. Hence, the claimants had filed the claim petition against the respondents, who are the owner and insurer of the tractor bearing registration No.TN.27 Q6584.