JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree dated 03.07.2017 passed in M.C.O.P.No.1 of 2016 on the file of the learned Additional District Judge of Paramakudi, by allowing this appeal.)

1. This Civil Miscellaneous Appeal has been filed to set aside the Judgment and decree, dated 03.07.2017 in M.C.O.P.No.1 of 2016 passed by the learned Additional District Judge, Paramakudi.

2. It is a case of fatal accident, which took place on 08.05.2012, at about 04.00 p.m., the deceased was riding his two wheeler bearing registration No.TVS XL-TN-37-AD-6908 coming in Valparai to Pollachi Main Road, from south to north, a vehicle bearing registration No.TN 38 PL 4006 drove in a rash and negligent manner in terrific speed, came from opposite side and dashed against the deceased and sustained injuries and he died on the way to Hospital.

3. The wife of the deceased/claimant has filed a petition in M.C.O.P. No.1 of 2016 on the file of the Additional District Court, Paramakudi, seeking compensation.

4. Before the Tribu