JUDGMENT :

V.SIVAGNANAM, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988 against award and decree dated 19.09.2019 passed in M.C.O.P.No.20 of 2017 on file of Motor Accidents Claims Tribunal (II Additional District Judge Court, Vellore District, Vellore @ Ranipet).)

1. Questioning award passed by Motor Accidents Claims Tribunal (II Additional District Judge Court, Vellore District, Vellore @ Ranipet), in M.C.O.P.No.20 of 2017, dated 19.09.2019, present appeal has been filed by Insurance Company.

2. It is case of claimants that on 24.06.2016, when deceased was proceeding from Manthangal Mottoor to Muthukadai, ie., from east to west, in two wheeler bearing Registration No.TN 73 C 8728, a two wheeler bearing Registration No.TN 73 L 2191 came from north to south direction, hit against vehicle belongs to deceased. Due to accident, deceased sustained grievous injuries all over body and died in hospital.

3. first claimant is wife of deceased and claimants 2 and 3 are their sons and claimants 4 and 5 are parents. appellant herein is insurer of two wheeler. Alleging that accident had taken place due to rash and negligent driving of rider of two wheeler be