JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree dated 21.11.2019 passed in M.C.O.P.No.1037 of 2015 on the file of the learned Special Subordinate Judge [Motor Accident Claims Tribunal] of Thiruchirapalli by allowing this appeal.)

1. This Civil Miscellaneous Appeal has been preferred by the insurance company against the Judgment and decree, dated 21.11.2019 in M.C.O.P. No.1037 of 2015 passed by the learned Special Subordinate Judge/Motor Accident Claims Tribunal, Thiruchirapalli.

2. It is a case of accident, which took place on 15.04.2014, at about 03.30 p.m., Dindigul to Trichy Road, near Ariyavur Primary School, one Praburaj was riding his two wheeler bearing registration No.TN-45-BD-8051 with rash and negligent manner in terrific speed, the claimant and one Sathyanarayanan were riding as pillion riders and dashed against the wall of the Primary School, Ariyavur. Due to the said accident, the rider of the two wheeler died due to head injuries and the claimant sustained injuries.

3. The claimant has filed a petition in M.C.O.P. No.1037 of 2015 on the file of the learned Special Subordinate Judge/Mo