1. Challenge in respect of the liability of the Appellant Insurance Company is made in this Appeal to the award of Rs.3,08,000/-, dated 21/12/2005 and made in M.C.O.P. No. 877 of 2003, on the file of the Motor Accidents Claims Tribunal (Additional District Judge)(FTC), Pudukottai.

2. The facts which giving rise to this appeal may be summarized as under:
That on 22/05/2002 at about 2.45 p.m., the tractor bearing registration No. TN - 55 - D - 3764 belonging to the 6th Respondent herein was proceeding towards Ammapatinam on Sethu Road. When it was nearing Raghumath Nagar, the deceased Subburamu @ Subburaman had alighted from the tractor and was standing in front of SYN building. While so, the driver, who was on the steering wheel had suddenly moved the tractor in a rash and negligent manner and hit against the deceased Subburamu @ Subburaman, which resulted his instantaneously death on the spot. The deceased was working in AKS farm as agricultural coolie. On account of his death, the Claimants who are the wife, children, mother and the brother of the deceased had filed a Claim Petition in M.C.O.P. No. 877 of 2003, on the file of the Motor Accidents Claims Tribunal (Additional District