RAVUNAMMAL Vs. SAMBANDHAM

JUDGEMENT

(1.) THIS civil miscellaneous appeal preferred by the claimants is directed against the judgment dated 29. 9. 1997 of the Motor Accidents Claims tribunal (Pricipal District Judge), Nagapattinam made in M. C. O. P. No. 486 of 1996.

(2.) THE claimants who are the parents of the deceased Ramesh, aged 22, filed a claim petition under section 166 of Motor vehicles Act, 1988, seeking compensation of Rs. 1,50,000. It was their case that on 16. 3. 1996, their son was travelling as a cleaner in the tractor and while so, near karisaangudi Panchayat Board building, due to rash and negligent driving of the tractor driver, he fell down and was run over by the trailer attached to the tractor and hence, they are liable to be compensated by the insurers of the tractor and trailer. The father of the deceased and an eyewitness to the accident were the witnesses examined before the Tribunal. In addition, exhibits such as F. I. R. , report of motor Vehicles' Inspector, post-mortem certificate, charge-sheet and draft sketch showing the accident spot were marked as documentary evidence on their side.

(3.) ON the contrary, the insurers of the tractor and trailer filed their counter disputing the various claims and contended that the tractor was driven in a slow and cautious manner and as such, they are not liable to compensate the claimants. On the side of the insurer of the tractor, its investigating officer was examined as a witness and the copy of the insurance policy of the tractor was marked as Exh. Rl.