JUDGMENT :

Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed by the learned Sub Judge, Neyveli dated 19.09.2016 in M.C.O.P.No.84 of 2014.

1. Appeal against the dismissal of the claim petition is filed by the legal heirs of the accident victim, assailing the reason given by the Tribunal for dismissing their petition.

2. On 07/02/2012, at about 11.00 am, opposite to the house of one Venkatesan, the deceased Thamilarasan was unloading the hay from the stationed trailer attached to the tractor. Suddenly, the driver of the tractor moved the tractor recklessly, while Thamilarasan was unloading the hay. Thamilarasan lost his balance and fell down from the trailer. He sustained grievous injuries over his vital organs. He was admitted in the hospital and treated as inpatient. At the hospital, he succumbed to the injuries on 29/02/2012. At the time of his death, he was 32 years old. He was earning Rs.15,000/- per month as loadman. His wife, minor son and mother were depending on his income. Hence, claim of Rs.15,00,000/- was sought as compensation against the tractor owner and its insurer.

3. The Insurance C