Exonerating an insurance coverage firm from the legal responsibility to pay a compensation for the loss of life of a lady, who misplaced steadiness and got here below the rear wheels of the tractor during which she was travelling, the Madurai Bench of the Madras Excessive Courtroom noticed {that a} tractor was a single seater car and nobody besides the motive force ought to journey in it.
Justice J. Nisha Banu allowed the civil miscellaneous attraction filed by the Nationwide Insurance coverage Firm in opposition to the decision of the Motor Accident Claims Tribunal, Vedasandur in Dindigul district. The Tribunal concluded that the motive force was answerable for the accident and directed the Insurance coverage Firm to pay the compensation and get well the identical from the proprietor.
In 2013, the deceased Kannammal travelled within the tractor that was connected with a harvester machine. The motive force together with Kannamal and some others have been travelling within the tractor. She was seated on the mudguard of the tractor. As a result of rash and negligent driving, she fell down and sustained grievous accidents after being run over. She died on the way in which to the hospital.
The court docket mentioned that within the insurance coverage coverage itself it was said that the tractor ought to be used just for agricultural and forestry functions. The coverage doesn’t cowl if the car was used to hold passengers for rent or reward. The proprietor of the car alone was liable to pay compensation to members of the family. The tribunal had awarded a sum of ₹10.94 lakh as compensation.
