JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree made in M.C.O.P.No.132 of 2017, dated 23.04.2019, on the file of the Motor Accident Claims Tribunal / II Additional Sub Court, Nagercoil.)

1. This Civil Miscellaneous Appeal has been filed against the award made in M.C.O.P.No.132 of 2017, dated 23.04.2019, on the file of the Motor Accident Claims Tribunal / II Additional Sub Court, Nagercoil. The appellant herein is the third respondent, the respondents 1 to 3 herein are the claimants and the respondents 4 and 5 herein are the respondents 1 and 2 in the original claim petition.

2. Brief substance of the petition, in M.C.O.P.No.132 of 2017, is as follows :-

On 02.07.2015, at about 08.30 pm., when the deceased- Arumuganainar was driving his motorcycle, bearing Registration No.TN-74- J-2979 from Rajakkamangalam – Keelachattuvan Thoppu, near Pillaiyar vilai Sudalaimadaswamy Koil, a bus bearing Registration No.TN-74- N-1048 was driven by its driver in a rash and negligent manner, came from the opposite direction, dashed against the motorcycle. The deceased was working as a Guard in the Pommi Pidukappu Sangam