JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 06.02.2017 made in M.C.O.P.No.80 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.)

V.M. Velumani, J.

1. The Civil Miscellaneous Appeal is filed challenging the portion of the award, dismissing the claim petition as against the Insurance Company from its liability, passed by the Tribunal dated 06.02.2017 made in M.C.O.P.No.80 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore.

2. The appellants are claimants in M.C.O.P.No.80 of 2011 on the file of Motor Accident Claims Tribunal, I Additional District and Sessions Court, Vellore. They filed the said claim petition claiming a sum of Rs.39,71,000/- as compensation for the death of one Senthil @ Senthilkumar, who died in the accident that took place on 25.01.2009.

3. According to the appellants, on the date of accident i.e., on 25.01.2009, at about 17.30 hours, while the deceased Senthil @ Senthilkumar along with one Rajendran was travelling in a Maruthi car bearing Registration No.TN-04-C-9