JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.256 of 2008 dated 19.09.2011 on the file of the Motor Accidents Claims Tribunal, II Additional District and Sessions Judge (FTC-5), Tiruppur.)

(This case has been heard through video conference)

1. The Civil Miscellaneous Appeal has been filed challenging the fair and decretal order dated 19.09.2011 passed in MCOP.No.256 of 2008 by the Motor Accidents Claims Tribunal, II Additional District and Sessions Judge (FTC-5), Tiruppur.

2. Aggrieved by the award passed by the Motor Accident Claims Tribunal/ II Additional District and Sessions Judge (FTC-5), Tiruppur, the Insurance Company has filed this appeal seeking to set aside the award passed by the Tribunal.

3. The case in brief is as follows:

On 19.02.2008 at about 6.30 p.m., when the claimant was riding a Motor Cycle bearing Registration No. TN 37 AW 6088 near a Petrol Bunk, Oothukuli road, at that time, the Auto bearing Registration No. TN 39 AD 7850 driven by its driver in a rash and n