JUDGMENT :

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act against the judgment and decree dated 26.09.2016 made in MCOP No.807 of 2011 on the file of the Motor Accidents Claims Tribunal, II Additional District Judge, Thiruvallur at Poonamallee.)

1. This Civil Miscellaneous Appeal has been filed by the Insurance Company against the judgment and decree dated 26.09.2016 passed by the Motor Accidents Claims Tribunal, II Additional District Judge, Thiruvallur at Poonamallee, in MCOP No.807 of 2011.

2. The case in brief, is as follows:

On 30.07.2011 at about 22.00 hours, the deceased Selvaraj was riding his TVS-XL motorcycle bearing Reg.No.TN-02-AL-2176 from Ambattur Industrial Estate to Red Hills. A lorry bearing Regn. No.TSD 4779 belonging to the third respondent and insured with the appellant insurance company, was parked on the road without any signal, near Om Shakthi Hotel at Shanmugapuram. Since there was no signal to show that a lorry has been parked there, the deceased-s vehicle dashed against the lorry and due to the impact, the deceased sustained grievous in