UNITED INDIA INSURANCE COMPANY LTD. Vs. AMMU

JUDGEMENT

(1.) The Appeal is directed against the award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi in M.C.O.P.No. 53 of 2016, vide order dtd. 28/10/2020.

(2.) The Appellant is the Insurer of the Eicher Tractor bearing registration No:TN 23- BW 6974 (FIR, Insurance policy and RC indicates the vehicle Number is TN 23 BW 6978) used for carrying sewage. The owner of the vehicle is one Indirani, W/o Nagendiran. The accident victim Pandian was working as a cooliee under her for loading and unloading the sewage. The claimants are the wife and 3 children of late Pandian.

(3.) On 12/10/2015, at about 16.00 hrs. inside 'Vani Tech Company', Valayampatti Campus, after loading sewage and proceeding to unload, the tractor capsized after the driver of the tractor lost control due to the sudden bursting of the front wheel tyre. In the said accident, the victim Pandian, who was travelling in the tractor next to the driver got crushed. He was admitted in the hospital for treatment but succumbed to the injuries on 26/10/2015.