J.Nisha Banu,J. - (1.)This appeal has been filed by the appellant/Insurance Company questioning the award passed by the Tribunal only on the ground of liability.
(2.)It is a case of fatal. The first and second respondents/claimants 1 and 2 are daughter and son of the deceased Kannammal. The third respondent herein / 1st respondent is the owner of the vehicle. The fourth respondent / 3rd respondent is the husband of the deceased Kannammal and father of the minor respondents 1 and 2 herein / Claimants. As the 4th respondent married another woman and abandoned the first and second respondents and also their mother ie., the deceased Kannammal, initially, he was not arrayed as a party in the claim petition, but subsequently he was added as a party respondent by filing a petition before the Tribunal. However, he filed an affidavit stating that he would not claim any share amount for the death of the deceased Kannammal.
(3.)On 27.02.2013, the deceased Kannammal said to have been travelled in a Tractor bearing Registration No.TN-57-AD-6321 attached with a Harvester Machine by sitting on the mudguard of the Tractor and due to rash and negligent driving of the driver of the Tractor, she fell down from the Tractor and the back side wheel of the Tractor ran over on the abdomen and leg of the deceased Kannammal, due to which she sustained grievous injuries and died on the way to the Hospital. At the time of the accident, the Tractor was insured with the appellant/Insurance Company. Therefore, the first and second respondents filed claim petition claiming a sum of Rs.12 lakhs as compensation against the owner of the vehicle and the appellant / Insurance Company.