JUDGMENT :

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 t