ORIENTAL INSURANCE CO. LTD Vs. KANDASAMY

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company challenging the liability and quantum of Compensation awarded by the Tribunal in M.C.O.P. No.2187 of 2014, dtd. 10/8/2015 by the learned Motor Accidents Claims Tribunal, Special Subordinate Court, Dharmapuri.

(2.) The Appellant is the Insurance Company of the Tractor, First Respondent is Claimant, Second Respondent is Owner of the Tractor bearing Reg.No. TN-29-AA-8412, Third Respondent is Owner of the Trailer Reg. No.TDY-0181 and Fourth Respondent is Insurance Company of the Trailer. The First Respondent filed Claim Petition in M.C.O.P. No.2187 of 2014 seeking Compensation of Rs.5,00,000.00 for the injuries sustained by him in the accident.

(3.) According to the First Respondent/Claimant on 16/4/2009, when the First Respondent was driving the Tractor Trailer loaded with Sugarcanes to Palacode Sugar Mill, in the Palacode Road, slowly and cautiously, keeping left side and when the Tractor reaches one Parthiban's house, since the Cow crossed suddenly, he applied break, due to which the sugarcanes loaded in the vehicle collapsed and fell on the back of the Claimant and he got injuries at the spinal cord. Therefore the First Respondent/Claimant filed claim Petition against the Owners of both the Tractor and Trailor and Insurance Companies of the same, claiming Compensation of Rs.5,00,000.00 for the injuries sustained by him in the accident.