JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated the 20th of January 2017 in M.C.O.P.No.69 of 2010 on the file of the Motor Accident Claims Tribunal(Special District Court, Salem).)

1. The appeal filed by the Insurance Company being aggrieved by the award of the Tribunal, fixing the liability on the Insurance Company to pay the claimants a sum of Rs.2,80,000/- as compensation.

2. The facts of the case is that the claimants are the legal representatives and dependants of the deceased Marappan. On 14.06.2009 Marappan while riding TVS XL Super bearing Reg.No.TN-28-AZ-0579 along with his relative by name Saroja on pillion, was hit by a tractor bearing Reg.No.TN-28-AZ-6435 near Siva Kumar Thottam, Pudupatty to Vellakal Mariamman Kovil Road. The injured Marappan died on the spot due to extensive injury sustained in the accident. The pillion rider sustained minor injuries. Criminal case was registered against the driver of the tractor for his rash and negligent driving. Claiming compensation of Rs.6,00,000/- a claim petition was filed by his wife, daughter and grand children before the Motor