NALLAIYAN Vs. V.MOHAN

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed against the fair and decreetal order dated 29.09.2011 made in MCOP.No.143 and 206 of 2010 on the file of Motor Accidents Claims Tribunal (Principal District Court), Theni.

(2.) On 05.06.2010 about 11.00 a.m., one Lalitha wife of the 1st appellant and mother of appellants 2 to 4 in CMA.1157/13 and one Bommuthai w/o.Manikandan and Easwari w/o. Veeraiah, appellant in CMA.1158/13 travelled as coolies in a Tractor bearing registration No.TN-20-E-7693 attached with corn grass harvesting machine in the garden of Tirupati Chettiar. The said Lalitha sat on the mudguard of the Tractor. While the Tractor was proceeding in corn grass field, due to rash and negligent driving of the driver of the Tractor, the Tractor sloped on its right side, in which, Lalitha who sat in the mudguard of the Tractor fell down and the Tractor also pushed her with the corn grass field while it slopes, resulting in instantaneous death of Lalitha and Bommuthai and grievous injuries to Eswari. Husband and children of Lalitha who are appellants in CMA.1157/13 and the injured claimant Eswari, appellant in CMA.1158/13 filed claim petitions in MCOP.No.143 and 206 of 2010 on the file of Motor Accidents Claims Tribunal (Principal District Court), Theni, claiming compensation. The 2nd respondent insurance company with whom, the Tractor involved in the accident was insured, filed counter affidavit contending that instead of using the Tractor for agricultural purpose, the same was used attaching corn grass harvesting machine and employees were carried in the Tractor contrary to the insurance policy and therefore, the insurance company is not liable to pay compensation.

(3.) Upon analysis of oral and documentary evidence on either side and accepting the said contention of the insurance company, the Tribunal by common judgment and decree dated 29.09.2011 made in MCOP.No.143 and 206 of 2010, exonerated the insurance company and fastened liability on the 1st respondent/owner of the Tractor to pay compensation of Rs.4,10,000/- and Rs.50,000/- respectively to the claimants with 7.5% interest from the date of claim petition till the date of payment. Aggrieved by the finding of the Tribunal exonerating the insurance company from its liability to pay compensation, these appeals have been filed.