JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V. Act, 1988 against the Judgment and Decree dated 05.01.2017 made in M.C.O.P.No. 188 of 2014 on the file of the MACT (Sub-Court) at Perundurai.)

1. The second respondent in M.C.O.P.No. 188 of 2014, which had been disposed of on 05.01.2017 by the Motor Accident Claims Tribunal/Sub Court, Perundurai, is the appellant herein, aggrieved by the Judgment directing compensation for death due to accident caused to be borne by the appellant herein/Insurance Company.

2. The husband of the first claimant / father of the second and third claimants / son of the fourth claimant, one Duraisamy was standing on the Southern side of the Perundurai to Bhavani Road at Perundurai Mahalakshmi Theatre Bus Stop along with his father Perumal on 12.02.2014 at around 8.30 p.m. At that time, the first respondent in the original petition/M.Ramesh had come riding a Honda Shine motor cycle bearing Registration No. TN -56 B-4509 in a rash and negligent manner and in high speed and had dashed against the aforementioned Duraisamy, who suffered serious head injuries and died on the spot itself. He was aged about 40 years and was doing agricu