JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the Judgment and decree dated 09.12.2020 passed in M.A.C.O.P.No.756 of 2017 on the file of the V Additional District Judge (Motor Accident Claims Tribunal), Madurai by allowing this appeal.)

1. This Civil Miscellaneous Appeal has been filed to set aside the order, dated 09.12.2020 in M.A.C.O.P.No.756 of 2017, passed by the learned V Additional District Judge (Motor Accident Claims Tribunal), Madurai.

2. It is a case of fatal accident, on 25.03.2017 at about 17.10 hours, when the deceased Sethupathi was travelling as rider in a two wheeler bearing registration No.TN-59-BV-4001 on Melur to Thiruppathur Main road, near Uttanpatti junction from east to west direction, unfortunately hit against the crossed dog on the above said road and fell down. Due to the said accident, the deceased sustained fatal head injuries and died on the same day.

3. The claimant has filed a petition in M.C.O.P.No.756 of 2017 on the file of the Motor Accident Claims Tribunal/V Additional District Judge, Madurai, seeking compensation.

4. Before the Tribunal, on the side of the claimant, two witnesses were