Exonerating an insurance company from the liability to pay a compensation for the death of a woman, who lost balance and came under the rear wheels of the tractor in which she was travelling, the Madurai Bench of the Madras High Court observed that a tractor was a single seater vehicle and no one except the driver should travel in it.
Justice J. Nisha Banu allowed the civil miscellaneous appeal filed by the National Insurance Company against the verdict of the Motor Accident Claims Tribunal, Vedasandur in Dindigul district. The Tribunal concluded that the driver was responsible for the accident and directed the Insurance Company to pay the compensation and recover the same from the owner.
In 2013, the deceased Kannammal travelled in the tractor that was attached with a harvester machine. The driver along with Kannamal and a few others were travelling in the tractor. She was seated on the mudguard of the tractor. Due to rash and negligent driving, she fell down and sustained grievous injuries after being run over. She died on the way to the hospital.
The court said that in the insurance policy itself it was stated that the tractor should be used only for agricultural and forestry purposes. The policy does not cover if the vehicle was used to carry passengers for hire or reward. The owner of the vehicle alone was liable to pay compensation to family members. The tribunal had awarded a sum of ₹10.94 lakh as compensation.
