JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the Decree and Judgment made in M.C.O.P.No.617 of 2015, dated 04.09.2019, on the file of the learned Motor Accident Claims Tribunal Cum VI Additional District Court, Madurai.

1. This Civil Miscellaneous Appeal has been filed against the Decree and Order, dated 04.09.2019 in M.C.O.P.No.617 of 2015, passed by the learned Motor Accident Claims Tribunal/VI Additional District Court, Madurai.

2. It is a case of fatal accident. On 29.06.2014, at 04.30 p.m., Madurai to Dindigul main road, near T.V.S. Road, the deceased Jeyamani drove his two wheeler bearing Regn. No.TN-59-BA-6279 and the deceased Chithra was a pillion rider, a Maruti car bearing Regn. No.TN-58-AB-2026 came an opposite direction and dashed against the deceased vehicle. The deceased died on the spot due to the injuries sustained in the accident.

3. The claimants have filed a claim petition in M.C.O.P.No.617 of 2015 on the file of the learned Motor Accident Claims Tribunal/VI Additional District Court, Madurai, seeking compensation.

4. Before the Tribunal, on the side of the claimants two witnesses were examined as P.W.1