J U D G M E N T

The appellant, the Bajaj Allianz General Insurance Company Limited, Chennai, the second respondent in M.C.O.P.243 of 2013 on the file of the Motor Accident Claims Tribunal, Ponneri, has filed the present appeal.

2. The respondents 1 to 3 filed the above said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.7,00,000/- for the death of one Anandhakumar (the husband of first claimant and father of claimants 2 and 3), in a road accident that took place on 19.12.2007.

3. The brief case of the claimants is as follows:

On 19.12.2007, Anandhakumar (since deceased) was walking along G.N.T. Bypass Road, Red hills and at about 8.00 p.m. a Tractor (not registered) bearing Engine Number A97998 and Chassis Number DSAY - 68459/3 belonging to the fourth respondent herein, hit him, resulting in his instantaneous death.

4. According to the claimants the rash and negligent driving of the driver of the tractor was the cause of the accident and that since the said vehicle was insured with the present appellant, the Bajaj Allianz General Insurance Company Limited, the owner of the Tractor (fourth respondent) and the insurer are jointly and severally liable