DIVISIONAL MANAGER Vs. THIRU. MANI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the finding rendered by the Motor Accidents Claims Tribunal (Sub-Judge), Tirupattur, Vellore District, in and by award dated 30.09.2011 in M.C.O.P. No. 791 of 2008, in fixing the liability on the part of the Insurance Company to pay the compensation amount to the victim/claimant and thereafter, to recover the same from the owner of the vehicle.

(2.) The 1st respondent herein is the claimant before the Tribunal. It is the case of the claimant that on 30.01.2008 at 2.00 pm, he was travelling in a Tractor bearing Registration No. TN-29-8145, along with a Trailer bearing Registration No. TN-27-Y-7445, belonging to the 2nd respondent herein and at that time, the tractor was driven by its driver in a rash and negligent manner at a high speed and dashed against a stone, as a result of which, the claimant, who was travelling in the tractor fell down and the trailer ran over him. In the said accident, he sustained fracture on rib and multiple injuries all over the body. Hence, he made a claim for a sum of Rs. 5 lakhs as against the owner of the vehicle and its insurer/appellant herein.

(3.) The claim made by the claimant was resisted by the Insurance Company by taking a defence that the claimant had travelled in the tractor only as a gratuitous passengers; the tractor and trailer are not meant for carrying the passengers; though the persons are engaged for loading and unloading the goods, being carried in the tractor & trailer, they are not supposed to sit on the mudguard of the tractor. Hence, the Insurance Company is not liable to be pay the compensation amount.