JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 20.01.2016 made in O.P. No. 361 of 2014 on the file of the Motor Accidents Claims Tribunal (Special District Judge), Krishnagiri.

1. This appeal by the Insurance Company is pegged to a short question whether a tort-feasor in the motor accident case also happen to be the owner-cum-driver, can get compensation under Section 163A or under Section 166 of the Motor Vehicles Act, 1988 (herein after referred to “the Act”).

2. On 26.12.2013 midnight, the deceased Vickraman was driving his Alto Maruthi car bearing Registration No. TN-21-J-7971 from Gungarahalli village in Bommidi to Dharmapuri town. His car capsized while trying to avert the huge excavation in the middle of the road dig for constructing culvert. At the time of accident, there were 4 occupants in the car including the owner-cum-driver Vickraman. Due to the injuries, Vickraman was taken to the hospital, but he succumbed to the injuries. Yet another occupant also died while two others survive