P RAMANATHAN Vs. GOMATHY

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the appellant Insurance Company against the judgment and decree dated 25.02.2005 made in M.C.O.P.No.97 of 2004, on the file of the Motor Accident Claims Tribunal (Principal Sub Judge)Tenkasi.

(2.) The brief facts of the case is as follows:

(3.) The second respondent/United India Insurance Company Limited has filed a counter affidavit and denying all the averments stated above. He further contended that the deceased travelled in the tractor unauthorizedly. The deceased was a gratuitous passenger in the tractor. The seating capacity of the tractor is one. The deceased on his own negligence fell down from the tractor and invited the accident. Therefore the Insurance Company is not liable to pay compensation to the petitioner. They further contended that the claim under various heads such as loss of income, Transport to Hospital, damages to clothing and articles, Expenses for cremation, loss of love and affection, Sudden shock and mental agony etc., are false and the petitioners are put to strict proof of the same. Hence they pray that the second respondent /Insurance Company is not liable to indemnify the liabilities of the claimants.