JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 26.08.2021, made in M.C.O.P. No.1647 of 2018, on the file of the District Court, (Motor Accident Claims Tribunal), Tiruppur.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the judgment and decree dated 26.08.2021, made in M.C.O.P. No.1647 of 2018, on the file of the District Court, (Motor Accident Claims Tribunal), Tiruppur.

2. The appellant is the 2nd respondent in M.C.O.P. No.1647 of 2018, on the file of the District Court, (Motor Accident Claims Tribunal), Tiruppur. The respondents 1 to 4/claimants filed the said claim petition, claiming a sum of Rs.40,00,000/- as compensation for the death of one M.Kittan who died in the accident that took place on 23.07.2018.

3. According to the respondents 1 to 4, on the date of accident, at about 9.00 p.m., when the deceased M.Kittan was walking at Kamanaickenpalayam to Karadivavi road, near Pulliyampatti Pirivu, from South to North direction observing all the traffic rules and regulations, the 5th respondent rode the Pulsar Motorcycle bear