JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act against the Award and Decree dated 01.09.2018 in M.C.O.P.No.13 of 2017 on the file of the learned Special Sub Judge, Motor Accidents Claims Tribunal, Tiruvannamalai.)

The Insurance Company who was the 2nd respondent before the Claims Tribunal is the appellant before this Court. The 1st respondent herein is the claimant before the Claims Tribunal and the 2nd respondent herein who is the owner of the vehicle was arrayed as the 1st respondent before the Tribunal. The 1st respondent is the father of the 2nd respondent herein. The issue that arises for the consideration of this Court is the liability of the appellant Insurance Company to compensate the injuries suffered by the 1st respondent while using the motor vehicle belonging to the 2nd respondent and which was insured with the appellant Company.

Facts of the case:

2. In order to appreciate the above issue, it is necessary to give a brief resume of the facts that have culminated in filing of the appeal as follows:

(i) Claimant's case:

3. It is the case of the 1st respondent that on 08.10.2014, while he was driving the Car bear