JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No. 1271 of 2016, dated 28.08.2018, on the file of the Principal District Judge, Tirunelveli.)

1. This Civil Miscellaneous Appeal has been filed against the award, made in in M.C.O.P.No.1271 of 2016, dated 28.08.2018, on the file of the Principal District Judge, Tirunelveli. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original M.C.O.P. Petition.

2. A Brief substance of the claim petition, in M.C.O.P.No. 1271 of 2016, is as follows:

On 20.08.2016, at about 11.20 pm, when the deceased - Esakkiappan was travelling in a TATA Ace vehicle, bearing Registration No.TN – 07 – BK - 6123 that belonged to the first respondent along the Virudhunagar - Sattur road, the driver of the vehicle drove the vehicle in a rash and negligent manner, hit against the Mediation wall and the vehicle capsized on the road. The deceased sustained injuries, he was taken to TVMC Hospital, Palayamkottai, there he succumbed to the injuries and di