UNITED INDIA INSURANCE CO. LTD. Vs. LAKSHMAMMA

JUDGEMENT

(1.) The Insurance Company, which had suffered an award for payment of a sum of Rs.20,00,000.00 as compensation for the death of one Balasubramanyam @ Balakrishna, son of Nagaiah in a motor accident that took place on 20/4/2015 at about 6.30 p.m., is the appellant.

(2.) According to the claimants, who are the parents of the deceased, while the deceased, who was working as a Coolie with the owner of the Tractor bearing Registration No.AP-03-W-4630 and the Trailor attached to it bearing Registration No.AP-03-W-4631 was travelling in the Tractor along with the goods namely, sand at about 6.30 p.m., on 20/4/2015, the driver of the Tractor drove the vehicle in a rash and negligent manner, resulting in the deceased falling of the vehicle amd the hook of the Tractor penetrated into the stomach of the deceased and he died at the SVRRGG Hospital at Tirupathi on 21/4/2015. Terming the negligence on the driver of the Tractor as the cause of the accident and contending that the deceased was earning about Rs.500.00 per day, the claimants sought for a compensation of Rs.10,00,000.00.

(3.) The claim was resisted by the Insurance Company contending that it cannot be made liable for the claim, in view of the fact that the deceased has travelled in a Tractor, which is a special type of vehicle, in which, there is no room for any person to travel, except the driver. The learned counsel for the Insurance Company would also contend that the vehicle could be used only for agricultural purpose and admittedly, the vehicle was used for transporting sand, which is in violation of the policy conditions. It is the further contention of the Insurance Company that the deceased, being the employee of the owner of the Tractor, the Tribunal had no jurisdiction to entertain the petition.