JUDGMENT :

Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and decree dated 31.5.2011 made in M.C.O.P.No.335 of 2006 on the file of Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Perambalur.

(Heard through Physical hearing)

Brief facts of the case is as follows:

On 1.4.2006 at about 11.30 a.m. at V.Agaram village, a Tractor bearing registration No.TN 46 T 1780 belongs to the respondent No.6 herein, driven by its driver in a rash and negligent manner and suddenly he applied break, thereby, one Kandan who travelled in the Tractor as loadman sustained grievous injuries and died in the hospital. The legal heirs of the deceased filed a claim petition before the tribunal for compensation of Rs.5,00,000/-. On the complaint, a case has been registered in Cr.No.95 of 2006 under Section 279, 304(A) of I.P.C.

2. The appellant/Insurance Company contested the case by filing counter affidavit wherein it is stated that the deceased Kandan travelled in --Mudguard---of the Tractor. The tractor is a goods vehicle. The carrying capacity of Tractor is single seater, i.e. driver only. The deceased travelled in the Tractor as unauthorised passenger. Two per