UNITED INDIA INSURANCE CO LTD Vs. NATARAJAN

JUDGEMENT

(1.) Heard the Learned Counsel for the Appellant and the Learned Counsel for the respondent Nos.1 to 4.

(2.) Aggrieved by the award of the Tribunal which has fastened the liability to indemnify the insured, despite violation of policy condition, this Appeal is preferred by the insurer.

(3.) On 29.05.2013, at about 01.00 hours, Muthu who was sitting next to the driver of the tractor bearing registration No.TN-31-AU-7672, with trailer bearing registration No.TN-46-7714 was thrown out from the moving tractor due to the rash driving of the tractor driver. The wheels of the trailer ran over him and caused instant death. A criminal case was registered against the driver of the tractor based on the First Information Report given by Natarajan, the father of the deceased. As per the F.I.R, when he along with his family members proceeding in the trailer attached tractor to attend a marriage, the driver drove the tractor very fast and rashly. So his son Muthu, who was sitting on the engine guard asked the driver to stop the vehicle. When the driver applied break suddenly, his son was thrown out from the tractor. The right side wheels of the trailer ran over his son and his son died on the spot. However, the version about the accident as found in the F.I.R was changed by the claimants. Alleging the police had drafted the F.I.R to fit their convenience and to exonerate the vehicle owner, gave a different version in the Court as if the accident occurred when the deceased was travelling in the tractor as a cleaner carrying tools for the first respondent field.