JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 11.12.2015 made in M.C.O.P.No.271 of 2013 on the file of the Motor Accident Claims Tribunal (II Additional District Court), Poonamallee.)

The case has been heard through Video Conferencing)

1. This appeal is filed by the claimant, who is the mother of the accident victim. The Tribunal, which tried the claim petition of the appellant, partially allowed the claim petition and awarded a sum of Rs.11,20,000/- payable by the owner of the offending vehicle and exonerated the insurance company.

2. In the appeal, the said award is challenged on the ground that the Tribunal went wrong in exonerating the insurance company by holding that the accident happened due to mechanical defect and not due to negligence of the vehicle driver. The Tribunal ignoring the fact that the claim petition was filed under Section 163A of the Motor Vehicle Act, exonerated the insurance company of the vehicle and awarded a sum of Rs.6,60,000/- only as against the claim of Rs.10,00,000/- payable by the vehicle owner.

3. The facts of the case is that, on 10.11.2012, at abou