JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, praying against the award and decree dated 19.09.2014 made in M.C.O.P.No.55 of 2012 on the file of the Motor Accidents Claims Tribunal, Sub Court, Namakkal.)

(The case has been heard through video conference)

1. Heard the Learned Counsel for the appellant. No representation for the respondent No.1

2. The Appeal is preferred by the Insurance Company being aggrieved by the award of the Motor Accidents Claims Tribunal, Namakkal, to compensate the claimant who travelled as gratuitous passengers and sustained injury when the car capsized after its left front wheel tyre got inflated.

3. On 17.03.2010 while the claimant along with his friends Kannan, Rajasekar and Shanmugam were travelling in the Matiz car bearing registration No.MH-05-H-4971, near Nellukuthiparai, Kamarajar Nagar, Dharmapuri to Salem Road, the left front wheel tyre got inflated and the car capsized. Mr.Rajasekar, who was driving the car sustained fatal injury, died on the spot. The claimant sustained fracture in 4th and 5th right metacarpal bone. He was admitted in the Hospital as inpatient and treated for his injuries f