JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in MCOP.No.1669 of 2013, by the Motor Accidents Claims Tribunal, learned V Judge, Small Causes Court, Chennai, on 20.07.2015.)

1. The Insurance Company has preferred this appeal against the award dated 20.07.2015 passed by the learned V Judge, [Motor Accidents Claims Tribunal], Small Causes Court, Chennai, in M.C.O.P.No.1669 of 2013, on the ground of liability and quantum.

2. As to the manner of the accident and factum of the accident, when there was sudden crossing of a dog and without involvement of any other vehicle, the Tribunal has held that the accident has taken place due to the rash and negligent driving of the driver of the two wheeler.

3. The case of the claim petitioner before the Tribunal is that on 03.01.2012, at about 19 hours, the claim petitioner, as a pillion rider, was travelling in a motor cycle bearing Registration No.TN-19- C- 4478 from Thiruporur to Mahabalipuram. At that time, the driver of the motor cycle was driven the vehicle in a rash and negligent manner and came at a dangerous speed, applied sudden break and