JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 29.04.2011 made in M.C.O.P.No.287 of 2008 on the file of the Motor Accident Claims Tribunal, Sub Court, Sankari, Salem District.)

1. This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the award dated 29.04.2011 made in M.C.O.P.No.287 of 2008 on the file of the Motor Accident Claims Tribunal, Sub Court, Sankari, Salem District.

2. The learned counsel appearing for the respondent had submitted that connected C.M.A.No.189 of 2012 was already disposed of by a Hon’ble Division Bench of this Court consisting of their Lordships Mrs.Justice R.Banumathi and Mr.Justice R.Subbiah on 16.09.2013, that appeal was also filed by the same Insurance Company. The learned counsel for the respondent further submitted that the case arose out of the accident involving a two wheeler Hero Honda motorcycle and Private Bus on Sankari - Bhavani Main Road at Mekkadu on 13.05.2008 at about 06.45 P.M., based on which the Sankari Police had registered a case in Crime No.417 of 2008 under Section 279, 338, 304 of IPC.

3. As per the