JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree made in M.C.O.P.No.138 of 2017, dated 28.01.2019, on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Nagercoil.)

1. This Civil Miscellaneous Appeal has been filed against the award made in in M.C.O.P.No.138 of 2017, dated 28.01.2019, on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Nagercoil. The appellant herein is the second respondent and the respondents 1 and 2 herein are the claimants and the respondents 3 and 4 herein are the respondents 1 and 3 in the original M.C.O.P. Petition.

2. Brief substance of the claim petition in M.C.O.P.No.138 of 2017, is as follows :

On 03.11.2013, at about 8.50 pm., when the deceased – Jothy was riding his two wheeler bearing Registration No.TN-74-AE-6997, in a slow speed observing the traffic Rules, along the Kanyakumari – Nagercoil main road, a bus bearing Registration No.TN-74-N-1351, was driven by its driver in a rash and negligent, came from the opposite directi