NATIONAL INSURANCE CO. LTD. Vs. MINOR SANJAI

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company challenging the finding rendered by the Motor Accidents Claims Tribunal (Principal District Judge), Dharmapuri, in and by award dated 03.06.2011 in M.C.O.P. No. 696 of 2010, in fixing the liability on the part of the Insurance Company to pay the compensation amount to the claimant and thereafter, to recover the same from the owner of the vehicle.

(2.) THE respondents 1 to 3 herein are the claimants before the Tribunal and they are the minor son, mother and father of the deceased Mathu. It is the case of the claimants that on 13.02.2007 7.35 pm, while the said Mathu was travelling in a tractor bearing Registration No. TN -29 -X -7806, by sitting on the left side mudguard, along with one Ambedkar and Annamalai who were sitting on the right side mudguard, the said Tractor met with an accident due to rash and negligent driving by its driver, as a result of which, the said Mathu fell down from the tractor and front wheel of the trailer ran over him and he died on the spot. Hence, the legal heirs of the deceased Mathu filed claim petition claiming a sum of Rs. 5 lakhs as compensation as against the owner of the vehicle and its insurer/appellant herein/Insurance Company.

(3.) THE Tribunal, after analysing the entire evidence adduced on either side, has come to the conclusion that the deceased Mathu was travelling in the tractor owned by the 4th respondent herein, only as a loadman and therefore, the owner of the vehicle as well as the Insurance Company are jointly and severally liable to pay the compensation amount to the claimant. Aggrieved over the same, the present appeal has been filed by the Insurance Company.