The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for compensation.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, appeal against the award and decree dated 16.09.2019 made in M.C.O.P.No.4363 of 2015 on the file of the Motor Accidents Claims Tribunal II Court of Small Causes, Chennai.)

K. Govindarajan Thilakavadi, J.

1. The Insurance Company has filed this Civil Miscellaneous Appeal, aggrieved by the award, dated 16.09.2019 made in M.C.O.P.No.4363 of 2015 on the file of the Motor Accident Claims Tribunal II Court of Small Causes, Chennai, fastening liability on the appellant/Transport Corporation to pay compensation to the claimants.

2.The facts of the case in brief:

On 09.03.2015 at about 18.30 a.m, the deceased Sekhar was travelling as a cleaner cum load man in the Tractor and trailer bearing Registration No.AP-03- BA-0163 in the Shri Kalahasthi road, near Reppalapattu colony, Pichatur Mandal Chittoor District, Andhra pradesh. The driver of the tractor drove the vehicle in a rash and negligent manner. While so, to avoid hitting a cow, which was crossing the road, the driver turned the vehicle. In the impact, the Tractor/trailer was capsized. Due to this, the deceased, who travelled in the tractor, sustained fatal injuries and died on the spot. The claimants being the legal heirs of the deceased filed the above claim petition for compensation of Sum of Rs.35,00,000/- to be paid by the respondents.

3.The claim of the petitioners was resisted by the 2nd respondent stating that the accident was not occurred as stated in the petition. The deceased was sitting behind the driver of the tractor without wearing the safety belt and therefore, he could not balance when the tractor suddenly turned. Due to which, the deceased fell down and died on the spot. The deceased died due to his own negligence. It is further stated that as per the registration certificate, there is no seating capacity in the tractor. The deceased travelled only as an unauthorised passenger at the time of the accident. As per the policy and R.C the tractor and trailer should be used only for agriculture purposes. Where as, the vehicle at the time of the accident was used for commercial purpose for transporting sugar cane load. The driver of the tractor was not holding a valid license to drive the commercial usage tractor and trailer at the time of accident. Hence, the 2nd respondent is not liable to indemnify the 1st respondent, owner of the vehicle.

4.The learned Tribunal perused the oral and documentary evidence on record, heard the arguments advanced on both sides, directed the 2nd respondent to pay a sum of Rs.38,45,000/- at the rate of 7.5% per annum from the date of claim till the date of realization with cost as compensation for the death of the deceased/Sekhar.

5.Aggrieved by this, the 2nd respondent/Insurance Company is on appeal. The learned counsel appearing for the Appellant/Insurance Company vehemently argued that the Insurance Company is not liable to pay the compensation to the claimants for the reason that the deceased was not authorized to travel in the tractor at the time of the accident. He would submit that the said tractor is designed to carry only the driver and the vehicle is insured as miscellaneous type of vehicle for agricultural use.

6. The Insurance Company also challenged the quantum of compensation awarded by the Tribunal.

7.The respondents herein/claimants preferred a claim on the file of Motor Accident Claims Tribunal II Court of Small Causes, Chennai, in M.C.O.P.No.4363 of 2015 praying for an award against the appellant for the death of Sekhar who met with an accident on 09.03.2015 at about 18.30 a.m. The deceased Sekhar was travelling as a cleaner-loadman in the Tractor and trailer bearing Reg.No.AP-03- BA-0163 along with Pichatur to Sri Kalahasti Road, near Reppalapattu Colony, Pichatur Mandal Chittoor District, Andra Pradesh. The driver drove the vehicle in a very rash and negligent manner, endangering the public safety. At that time a cow was cross