This Civil Miscellaneous Appeal has been filed by the appellant/Oriental Insurance Co., Ltd., against the award and decree made in M.C.O.P.No.49 of 2008, dated 12.10.2009, on the file of the Motor Accident Claims Tribunal cum Additional District cum Sessions Court, Pudukottai.
2. The brief facts of the case are as follows:
It is a case of fatal accident took place on 03.02.2006 at about 07.30 p.m. While the deceased was walking on the left side of the road on Kalavarayanpatti - Mukkulam road, a tractor bearing Registration No.TN-55- 5131 belonging to the first respondent, which was insured with the second respondent Insurance Company, came in a rash and negligent manner and dashed against the deceased and due to the said impact, the deceased sustained grievous injuries. Immediately, he was admitted in the Thanjavur Medical College Hospital and despite better treatment was given to him, he succumbed to the injuries. The deceased was aged about 40 years at the time of accident and he was earning a sum of Rs.10,000/- per month by doing agricultural work. The claimants are the legal heirs of the deceased. They filed a petition in M.C.O.P.No.49 of 2008, on the file of the Motor Accident Claims Tribunal cum Additional District cum Sessions Court, Pudukottai, claiming a sum of Rs.10,00,000/- as compensation.
3. Before the Tribunal, on the side of the claimants, two witnesses viz., P.Ws.1 and 2 were examined and five documents viz., Exs.P.1 to P.5 were marked and on the side of the respondent, one witness viz., R.W.1 was examined and two documents viz., Exs.R.1 and R.2 were marked.
4.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel appearing on either side and also appreciating the evidence on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the offending vehicle and directed the appellant/Insurance Company to pay a sum of Rs.3,42,000/-, as compensation.
5. Against which, the appellant/Insurance Company has filed the present Civil Miscellaneous Appeal.
6. The learned Counsel for the appellant would contend that the tractor owned by the owner for agricultural purpose only and at the time of accident, the vehicle was loaded with sugar cane and hence, it was used for commercial purpose, due to which there was a violation of policy condition and hence, the Insurance Company is not liable to pay any compensation. Hence, he seeks interference of this Court to the award passed by the Tribunal.
7. The learned counsel for the respondents 1 to 5/claimants would submit that based on the available oral and documentary evidences, the Tribunal has rightly come to the conclusion that the accident had occurred only due to the rash and negligent driving of the tractor owned by the first respondent, which was insured with the appellant Insurance Company and arrived at correct compensation under various heads. Hence, he prays for dismissal of this appeal.
8. The learned Counsel for the respondents 1 to 5 /claimants would draw the attention of this Court to the findings of the Tribunal, wherein it was held as follows:
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9. Heard the learned counsel appearing on both sides and perused the materials available on record.
10. On a reading of the finding of the Tribunal, it is clear that the tractor has been used for agriculture purpose and the accident had occurred only due to the rash and negligent driver of the offending vehicle. Hence, this Court is of the view that there is no error in the finding of the Tribunal and fixed the liability on the Insurance Company and awarded just and reasonable compensation. Hence, there is no infirmity or irregularity in the award passed by the Tribunal. Therefore, this Civil Miscellaneous Appeal deserves to be dismissed.
11. In the result, this Civil Miscellaneous Appeal is dismissed and the award made in M.C.O.P.No.49 of 2008, dated 12.10.2009, on the file of the Motor Accident Claims Tribunal cum Additional District cum Sessions Court, Pudukottai is hereby confirmed. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimants are permitted to withdraw their share as apportioned by the Tribunal, with accrued interests and costs without filing any formal petition before the Tribunal. No Costs.
To
1.The Motor Accident Claims Tribunal cum Additional District cum Sessions Court, Pudukottai.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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