JUDGMENT :

V.SIVAGNANAM, J.

This Civil Miscellaneous Appeal arises out of the order passed by the Motor Accidents Claims Tribunal, II Additional District Court, Tiruppur, in M.C.O.P.No.1272 of 2014 dated 20.09.2017.

2. For the sake of convenience, parties are referred to as per their ranking in the claim petition.

3. It is the case of the claimants that on 10.08.2014, at about 10.40 pm., Semalai was riding the two wheeler bearing Registration No.TN 39 S 3188 towards Pongalur near Kovai to Trichy Road, near Jai Vishnu Spintex Mill, at the extreme left side of the road. At that time, all of a sudden, a two wheeler bearing Registration No.TN 38 BK 2693 came on the same direction in a rash and negligent manner dashed the said Semalai and due to the accident he sustained grievous injuries and died in the Government Hospital, Tiruppur. Alleging that the accident had taken place due to the rash and negligent driving of the 1st respondent, the claimants laid a claim petition for compensation of Rs.30,00,000/- before the Tribunal.

4. Resisting the claim made by the claimants, the 3rd respondent filed counter statement inter alia contending that the accident had not occurred in the manner as proj