JUDGMENT :

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 11.08.2017 passed in M.C.O.P. No.355 of 2016 on the file of the learned Special Sub Judge, Special Sub Court-cum-Motor Accidents Claims Tribunal, Tiruvannamalai.)

The present Civil Miscellaneous Appeal is preferred against the judgment and decree dated 11.08.2017 passed in M.C.O.P. No.355 of 2016 on the file of the learned Special Sub Judge, Special Sub Court-cum-Motor Accidents Claims Tribunal, Tiruvannamalai.

2. The accident occurred on 09.01.2015 at about 02.30 P.M., at Tiruvannamalai Manalurpettai Main Road near Katchirapattu Koot Road, Tiruvannamalai District. Thatchampattu Police Station registered a case in Crime No.3 of 2015 under Section 304(A) IPC.

3. The deceased one Mr.Govindhasamy was aged about 40 years at the time of accident and was working as Building Mason. His wife, two children and the mother of the deceased are the claimants.

4. The Tribunal adjudicated the issues with reference to the documents and evidences pr