BHARATHI AXA GENERAL INSURANCE CO LTD Vs. PANCHALI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 27.04.2015 made in M.C.O.P.No.45 of 2014 on the file of Motor Accident Claims Tribunal, Special District Judge, Dharmapuri.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a fatal case. The case of the Petitioner is that on 28.01.2011, when the deceased was returning to his village in the Tractor attached with Trailer bearing Reg.No.TN 29 A 8314, at about 6 p.m., near the house of one Gopal in Dharmapuri to Palacode Road, by driving his Tractor at normal speed, another tractor attached with Trailer bearing Reg.No.TN 29 H 2153, owned by the 1st respondent and insured with the 3rd respondent and the Tractor bearing Reg.No.TN 29 B 9871 belonging to the 2nd respondent, came from Dharmapuri towards Palacode, loaded with sugarcane, driven in a rash and negligent manner, by its driver and as the driver of the said Tractor bearing Reg.No.TN 29 B 9871 lost control, dashed against the Tractor driven by the deceased. Due to the impact of the same, the deceased Thandavan/the husband of the 1st petitioner and father of the other petitioners suffered fatal injuries and subsequently passed away on 31.01.2011. The accident according to the petitioners occurred only due to the rash and negligent driving of the 1st respondent Tractor driver. At the time of the accident, the deceased was aged 40 years and by working as Tractor driver was getting Rs.7500/- per month. According to the petitioners, they lost the only bread winner of the family viz., the deceased, who was taking care of all the petitioners and further stated they were dependants of the deceased. Hence, the petitioners sought for a total compensation of Rs.10,00,000/- from the respondents herein.

(3.) On the other hand, opposing the petition, the 3rd respondent/Insurance Company contends that the said offending vehicle TN 29 H 2153 and the Tractor Trailer TN 29 B 9871 was not insured with them. The driver of the said vehicle TN 29 H 2153 was not having valid driving licence and the same will disentitle the petitioner from claiming any compensation from the 3rd respondent/Insurance Company. The Petitioner has to establish the manner of accident and negligence of the 1st respondent driver alone caused the accident. It is further stated that the 1st respondent Tractor Trailer was proceeding at normal speed, but the deceased who was riding his Tractor bearing Reg.No.TN 29A 8314 came in the opposite direction in a rash and negligent manner and dashed against the 1st respondent Tractor resulting in the accident. The 3rd respondent contends that only due to rash and negligence on the part of the deceased, the accident occurred. The Police have registered a case against him only. Hence, the 3rd respondent seeks dismissal of the petition.