UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHINNA PILLAI

JUDGEMENT

(1.) The appellant is the United India Insurance Company Limited, Mayiladuthurai and they filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 questioning their liability to pay compensation amount to the claimant.

(2.) The first respondent/claimant filed a claim petition in MCOP No. 8 of 2005, on the file of the Principal Sub Court, Mayiladuthurai under Section 166 of the Motor Vehicles Act seeking compensation of Rs.4,00,000/- for the injuries sustained by him in a road accident that took place on 20.02.2003.

(3.) The brief facts of the claimants are as follows. On 20.02.2003, after loading hay stocks, the first respondent/ claimant along with four others were travelling in a tractor-trailer bearing Registration No. TN 51 Y 0443 belonging to the second respondent on Nagangudi - Mayiladuthurai Road and the first respondent/claimant was sitting on the tow bar. The driver of the tractor - trailer drove the vehicle rashly and negligently, as a result of which, the first respondent/claimant was thrown away from the tractor- trailer and sustained injuries.