NEW INDIA ASSURANCE CO LTD Vs. PALANI

JUDGEMENT

(1.) IN the claim petition, it is stated that on 06.03.1999 at about 08.00 p.m., while the minor claimant was going as a coolie under the second respondent in a tractor belonging to him, which unloaded the sugarcane load in the Sugar mills, on return along Chittamur-Cheiyar road, near land belonging to one Thirumal, the claimant sustained giddiness and fell down from the tractor, but the tractor driver did not notice it and hastily drove the vehicle, and hence wheel of the tractor ran over the claimant, causing injuries and he was immediately admitted to Chennai Government General Hospital. IN the accident, he sustained injuries on his stomach, kidney and left leg. The accident took place due to the rash and negligent driving of the tractor driver. The claimant was aged 15 years, studying in the school. He was doing part time coolie work under the second respondent. He was earning a sum of Rs.900/- per month. Hence a sum of Rs.2,00,000/- is prayed for as compensation.

(2.) IN the counter filed by the appellant, it is stated that it is not correct to state that the claimant travelled in the tractor and it is also denied that there was negligence on the part of the tractor driver. There is no explanation for delay in lodging the FIR. It is not correct to say that he was earning a sum of Rs.900/- per month. The tractor driver should not have allowed the claimant to sit on the back of his seat. IN fact, there is no space available in the tractor for a person to be seated. While the tractor was going through the agricultural fields, due to jerking, he fell down and accident took place. Nobody else, in vehicle which carries goods, is allowed to sit with the driver. Hence, this appellant is not liable to pay the compensation. The tractor driver did not possess valid license. RC book and permit are not proper. Hence, the petition has to be dismissed.

(3.) IT is in evidence that the claimant was travelling as a coolie in the tractor which was utilized for transporting the sugarcane to the sugar mills in the second respondent's tractor. On return, after unloading, the accident took place. So, it has to be seen whether the Insurance Company is liable.