JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the Judgment and decree, dated 28.02.2020, passed in M.C.O.P. No. 588 of 2016 on the file of the Motor Accident Claims Tribunal, Tirunelveli/Special Subordinate Court, dealing with the M.C.O.P. Cases, Tirunelveli, by allowing this appeal.)

1. This Appellant/Insurance company has filed this Civil Miscellaneous Petition, to set aside the order and decree, dated 28.02.2020, in M.C.O.P. No. 588 of 2016 on the file of the Motor Accident Claims Tribunal, Tirunelveli/Special Subordinate Court.

2. It is a case of fatal accident, which took place on 19.03.2016, at about 06.15 a.m., the deceased was travelling in the Auto bearing registration No.TN-72-AR-2491 as passenger and the auto was coming in Alangulam to Tirunelveli main road, from west to east, west of Vellalankulam Vilakku, a Swaraj Mazda bearing registration No.TN 07 AA 9844 belonging to the 4th respondent drove in a rash and negligent manner in terrific speed, came from opposite side and dashed against the auto and