(MAHARAJAN, J).

1. This is an appeal against the order of the Motor Accidents claims tribunal, Salem, dismissing a claim-made under S. 110-A of the Motor Vehicles Act for compensation of Rs. 50,000 for the death of one K.S Loganathan in a tractor accident. The accident took place on 21st October 1969,. while Loganathan was ploughing his mothers land with the tractor, owned by his father Sundaram and insured by him with the Life Insurance Corporation of India. The claimants, who are the widow, daughter and mother of the deceased, alleged in the petition that; without any rashness or negligence on the part of Loganathan, the vehicle turned turtle suddenly at 1 pm on the date in question, with the result Loganathan fell down and was crushed to death by the tractor. It was alleged is the petition that the accident was due to mechanical defect in the vehicle. Sundaram, the father of the deceased, remained ex parte.

2. The Insurance Company filed a counter raising several objections, one of which was that the accident had beep brought about by the rashness and negligence of Loganathan, who was driving the tractor. The other contention was that the accident bad taken place in a