JUDGMENT

(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and judgement of the Tribunal dated 17.10.2016 regarding the liability of appellant/2nd respondent in MCOP.No.1089 of 2013 on the file of the Motor Accident Claims Tribunal (Special Sub-Court for MCOP Cases), Tirunelveli.)

1. The above appeal has been filed by the Insurance Company challenging the findings regarding negligence and liability in the award passed in MCOP.No.1089 of 2013 on the file of Motor Accident Claims Tribunal, Tirunelveli.

2. The claim petition has been filed by the injured claimant under Section 163(A) of the Motor Vehicles Act.

3. As per the claim petition, the claimant was travelling in a motor bike on 09.10.2013 at about 21.45 hours which was insured with the third respondent. While he was travelling slowly, a Maruthi Omni Van belonging to the first respondent and insured with the second respondent was driven in a rash and negligent and came to a grinding halt without proper signal. It resulted in an accident in which the claimant sustained fracture of skull, fracture of left forearm, fracture of left femur, fracture of left tibia, apart from