ORIENTAL INSURANCE COMPANY LIMITED Vs. SMT.RANJITHAM

JUDGEMENT

(1.) The present appeal has been filed by the appellant questioning the liability.

(2.) It is the case of the respondents 1 to 3/claimants that on 31.08.2008 about 05.45 p.m., while the deceased Ramaraj was travelling as a loadman in a Tractor bearing registration No.TN-65- E-4338 belonging to the 4th respondent herein insured with the appellant, from Jeyamangalam to Sinthuvampatti village, at Kullappuram Vilakku on Jeyamangalam-Sinthuvampatti main road, the driver of the Tractor drove the same in a rash and negligent manner with a high speed through the ditches in the road, due to which, the said Ramaraj was thrown out from the Tractor and sustained injuries. Immediately, he was rushed to the Government Medical College Hospital at Theni, where he declared dead. Parents and sister of the deceased claimed compensation of Rs. 10,00,000/-. The appellant insurance company filed counter contending that the deceased did not travel in the Tractor as loadman and at Kullappuram Vilakku, he stopped the Tractor and requested the Tractor driver to lift him at Sinthuvampatty and therefore, the insurance company is not liable to pay compensation for the death of a person who travelled in the Tractor as gratuitous passenger. Considering the oral and documentary evidence, the Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the Tractor and that the deceased travelled in the Tractor as loadman and accordingly awarded compensation of Rs. 4,42,000/- with 7.5% interest per annum. Against the said award, the insurance company has filed this appeal challenging its liability.

(3.) Learned counsel for the appellant would submit that the deceased travelled in the mudguard of the Tractor as gratuitous passenger and he would rely on various judgments filed in the typed set of papers to state that there are judgments to the effect that for a person travelled in the mudguard of the Tractor, the insurance company is not liable to pay the compensation and recover the same from the owner of the vehicle.