JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the award of Rs.14,12,000/-passed in M.C.O.P.No. 425 of 2009, dated 26.07.2013, on the file of the learned Motor Accident Claims Tribunal cum III Additional District and Sessions Judge, Tirunelveli.

1. This Civil Miscellaneous Appeal has been filed to set aside the award, dated 26.07.2013 in M.C.O.P.No.425 of 2009, passed by the learned Motor Accident Claims Tribunal cum III Additional District and Sessions Judge, Tirunelveli.

2. It is a case of fatal accident, which took place on 23.12.2008 at 02.45 p.m., the deceased who is husband of the 1st claimant was riding a motorcycle bearing Regn. No.TN-72-AB-3224 towards west, Tenkasi – Tirunelveli main road, near Esakkiamman Temple, a Tractor bearing Regn.No.TN-72-E-4388 and a Trailer bearing Regn.No.TN-72-E-8427 came from opposite direction with rash and negligent manner and hit against the deceased's motorcycle. Due to the said accident, the deceased has sustained grievous injuries and died.

3. The claimants have filed a claim petition in M.C.O.P. No.425 of 2009 on the file of the learned III Additional District Judge/Motor Accident C