JUDGMENT :

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 11.11.2019 made in M.C.O.P.No.1271 of 2016 on the file of the Motor Accidents Claims Tribunal, II Small Causes Court, Chennai.

1. This Civil Miscellaneous Appeal has been filed to set aside the award dated 11.11.2019 made in M.C.O.P.No.1271 of 2016 on the file of the Motor Accidents Claims Tribunal, II Small Causes Court, Chennai.

2. The appellant is the 2nd respondent in M.C.O.P.No.1271 of 2016 on the file of the Motor Accidents Claims Tribunal, II Small Causes Court, Chennai. The respondents 1 to 4 filed the said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the death of one Mani, who died in the accident that took place on 01.10.2012.

3. According to respondents 1 to 4, on 01.10.2012 at about 09.30 P.M., the deceased Mani was riding the motorcycle bearing Registration No.TN 18 Z 4464 on the Thiruverkadu – Ambathur road. While he was nearing Thiruverkadu, there was no street light in that area and some Bullock Carts were standing in the middle of the road. The deceased Mani noticed the Bullock Carts only when he was