JUDGMENT :

R. THARANI, J.

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act, 1988, to set aside the award and decree made in M.C.O.P. No. 365 of 2014 dated 13.02.2017 on the file of the Motor Accident Claims Tribunal/Special District Court, Madurai.

1. This appeal is filed against the order made in M.C.O.P. No. 365 of 2014 dated 13.02.2017 on the file of the Motor Accident Claims Tribunal/Special District Court, Madurai. The appellant herein is the second respondent in the claim petition. The first and second respondents are the claimants. The third respondent is the first respondent in the claim petition.

2. Brief substance of the petition filed by the claimant is as follows: On 02.02.2014, when the deceased was travelling in a two wheeler bearing registration number TN 59 AH 6724, as a pillion rider along with a one year old child, along the Tirumangalam to Madurai road, a Government bus driven by its driver in a rash and negligent manner, came from the opposite direction, over taking an auto, thereby came to the right side of the road, d