(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree, dated 15.12.2011 in M.C.O.P. No. 564 of 2010, on the file of the Motor Accident Claims Tribunal (Fast Track Court), Additional District and Sessions Judge, Dindigul.
(2.) The respondents 1 and 2 herein are the claimants in M.C.O.P. No. 564 of 2010, on the file of the Motor Accident Claims Tribunal/Fast Track Court, (Additional District and Sessions Judge), Dindigul. The 3rd respondent herein is the owner of the Tractor, arrayed as R1, bearing Registration No. TN-60-Y-6510, which was insured with the appellant, who is arrayed as 2nd respondent in the said claim petition. The deceased viz., Seetha is the mother of the claimants, who are unmarried son and daughter of the deceased. The fatal accident in which the mother of the claimants died took place on 15.06.2010.
(3.) It has been stated in the claim petition that while the said Seetha travelled as a labour after unloading the bricks by sitting nearer to the driver of the Tractor, she fell down from the tractor, due to rash and negligent driving of the driver of the Tractor, and died on the spot itself.