BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. MADESH

JUDGEMENT

(1.) The Insurance Company is the appellant herein. Challenging the award passed in MCOP.No.223 of 2007, on the file of Motor Accidents Claims Tribunal (Principal District Judge) at Namakkal, the Insurance Company has come up with the present appeal on the point of liability.

(2.) The first and second respondents herein are the parents of the deceased bachelor boy, aged 18 years, who died in the accident and who was working as a load man (according to the PW1) have filed MCOP claiming compensation that the accident has taken place due to the rash and negligent driving of the driver of the third respondent herein, who has insured with the appellant here/Insurance Company.

(3.) On consideration of oral and documentary evidence, the Tribunal has held that the accident has taken place due to the rash and negligence driving of the driver of the tractor and also held that since, the deceased has travelled as a load man and premium has been paid covering the load man and hence, has awarded a compensation and also held that the Insurance Company is liable to pay compensation and hence, the appeal by the Insurance Company.