JUDGMENT :

S. ANANTHI, J.

Prayer: Civil Miscellaneous Petition is filed under Section 173 of M.V. Act, 1988, to allow this appeal and set aside the order and decree, dated 12.09.2019 made in M.C.O.P. No. 4 of 2015 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Thoothukudi.

1. This Civil Miscellaneous Appeal has been preferred by the appellant/insurance company against the pay and recovery award and decree, dated 12.09.2019 made in M.C.O.P. No. 4 of 2015 on the file of the Motor Accident Claims Tribunal, Sub Court, Thoothukudi.

2. It is a case of fatal accident, which took place on 06.10.2014 at about 06.50 p.m. at Thoothukudi Samuvelpuram Road, near Johnson School. When the injured was walking on the left side of the road from west to east, the lorry belonging to the second respondent bearing Registration No. TN-58-M-8888 came from the opposite side and dashed against the injured and caused injuries.

3. The claimant has filed a petition in M.C.O.P. No. 04 of 2015 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Thoothukudi, seeking compensa