NEW INDIA ASSURANCE CO LTD Vs. THILLIAMMAL

JUDGEMENT

(1.) THE appeal arises out of the judgment and decree dated 10. 6. 1996 made in M. A. C. T. O. P. No. 639 of 1992, whereby the Motor Accident Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Cuddalore, has allowed the claim petition and awarded a sum of Rs. 84,200/- as compensation with interest at 9% per annum, for the death of one Arumugam, the husband of the first respondent and father of the second respondent and son of the respondents 4 and 5.

(2.) ACCORDING to the claimants in the claim petition viz. , respondents 1 and 2, on 23. 6. 1992, at about 4. 00 p. m. , when the deceased Arumugam was travelling in a tractor bearing registration No. MDA 8405, which was towed with trailors bearing Registration Nos. MDF 7085 and TNF 7540, as a loadman, the driver of the said tractor drove the vehicle rashly and negligently at a high speed by ignoring the road condition, whereby the loadman was thrown out of the tractor, in which he was seated on the manual road and due to the over joining of the trailor, by sudden falling of the tractor in a deep ditch, the tractor ran over the deceased. Immediately after the accident, the said Arumugam was taken to the Headquarters Hospital, Cuddalore for treatment, but inspite of the best treatment offered at the hospital, he succumbed to the injuries sustained by him. The claimants also stated in the claim petition that the deceased Arumugam was hale and healthy at the time of the accident and he was earning Rs. 40/- per day as a coolie.

(3.) THE owner of the vehicle as well as the insurance company were the respondents before the Tribunal. The tribunal, after inquiry, concluded that the vehicle bearing Registration No. MDT-8405 involved in this case was driven in a rash and negligent manner, which caused the accident, resulting in the death of Arumugam.