JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 04.01.2016 made in M.C.O.P.No.651 of 2013 on the file of the Motor Accidents Claims Tribunal, II Additional District and Sessions Judge, Tiruppur.)

(This case has been heard through Video Conferencing)

1. This appeal is filed by the Insurance Company, being aggrieved by the quantum of compensation as well as the liability fixed on it to pay the compensation.

2. Brief facts of the case is that, on 22.12.2009, at about 11.45 p.m., Subramaniam along with one Prakash on the pillion, while riding his motorcycle bearing Registration No. TN 33 U 4000 from south to north along the Tirupur to Anivashi Main Road, nearby MSM Banian Company, Avinashilingampalayam, he dashed behind the parked van bearing Reg.No.TN 09 AJ 6112 and sustained severe injuries. He was taken to the KMC Hospital, Kovai for treatment and the shifted to Government Hospital, Tiruppur, where he succumbed to the injuries.

3. Police complaint regarding the accident was given by the pillion rider. In the complaint, he attributed negligence on the deceased Subramaniam, who without notic