1. Iffco Tokio General Insurance Co. Ltd., which figured as the third respondent in MCOP No.193/2010 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Erode is the appellant in the Civil Miscellaneous Appeal.

2. Rathinam, the first respondent herein/claimant made a claim in the above said MCOP for a sum of Rs.5,00,000/- as compensation for the death of her son Raju on 24.01.2009 due to the injuries sustained by him in an accident alleged to have been taken place on 31.12.2008 at about 8.00 p.m on the Erode – Bhavani Road near the TELC church of B.P.Agraharam. The claim was made based on the contention that the deceased Raju met with an accident, while he was proceeding in the said road from north to south in his motorcycle bearing Regn. No.TN-37 AS-3501, the second respondent herein came in the opposite direction riding the motorcycle belonging to the third respondent herein (second respondent in the MCOP) bearing Regn. No.TN-33 R-2151 in a rash and negligent manner and hit the motorcycle, in which the deceased was proceeding; that the deceased Raju, who sustained head injuries in the accident was taken immediately to the District Headquarter