JUDGMENT

(Prayer:- This petition filed under Section 173 Motor Vehicles Acts, against the award and decree dated 23.03.2017 in MCOP No.462 of 2014 on the file of the Motor Accidents Claims Tribunal (Principal District Judge, Perambalur.)

The 2nd Respondent in MCOP No.462 of 2014 on the file of the Motor Accident Claims Tribunal / Principal District Court, Perambalur, is the appellant herein. They are the insurers of the offending vehicle and claimed that liability to pay compensation should not have been mulcted on them.

2. MCOP No.462 of 2014 had been filed by the two claimants for the death of their son Chelladurai in a road accident which took place on 22.03.2013. It was stated that on that particular date at around 8.00 a.m., Chelladurai was travelling as a cleaner in a Tractor bearing registration No.TN-31-P-9927 belonging to the 1st respondent and insured with the 2nd respondent therein. The vehicle was driven by one Rajasekar. They were both working in Shanmugham cashew-nut groove. While driving the tractor, the driver Rajasekar suddenly applied brakes and as a result, Chelladurai was thrown out of the tractor and fell down in between the two wheels on the left side of the trac