JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act 1988, to set aside the judgment and decree dated 22.08.2017 passed in M.C.O.P.No.1528 of 2015 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Tirunelveli.)

1. The Insurance Company is the appellant herein. The respondents 1 to 4 who are the legal heirs of the deceased Dhanalakshmi, have filed the claim petition before the Motor Accident Claims Tribunal, Special Sub- Court, Tirunelveli in M.C.O.P.No.1528 of 2015 claiming compensation of Rs.20,00,000/- (Rupees Twenty Lakhs only) for the death of one Dhanalakshmi in the road accident taken place on 10.02.2015.

2. The appellant/second respondent/Insurance Company has filed a counter affidavit before the Tribunal alleging that the accident had taken place only due to the contributary negligence of the rider of the two wheeler, namely, the decased and also contended that she had not died due to the accidental injuries.

3. Before the Tribunal, on the side of petitioner, the husband of the deceased/first petitioner was examined himself as P.W.1 and also examined Dr.Arunagiri and Dr.Ramanathapandian as P.W.2 and P.W.3 respectively and