NEW INDIA ASSURANCE COMPAY LIMITED Vs. VASANTHAMANI

JUDGEMENT

(1.) 3rd respondent in MCOP 587/91 on the file of Motor Accident Claims Tribunal, Coimbatore, is the appellant.

(2.) THE claim petition was filed by the respondents 1 to 4 herein who are the widow and son and also the parents of the deceased. THEy claimed a sum of Rs. 3 lakhs under various heads. THE accident happened while the deceased was supervising, helping and loading the trailer into the sand from the land belonging to a stranger. While he was travelling in the tractor, the 5th respondent was driving the tractor in a rash and negligent manner as a result of which the deceased fell down from the tractor and the same ran over him. It was alleged that the accident was due to the careless, rash and negligent driving of the 5th respondent-driver in the course of employment.

(3.) IN the counter statement, the appellant herein contended that the driver of the tractor did not have valid driving licence on the date of the accident, 5th respondent was authorised only to drive two wheeler and not the tractor, and therefore, not liable to pay compensation.