JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree on 13.08.2018 passed in MCOP.No.575 of 2016 on the file of the Motor Accident Claims Tribunal/Special Subordinate Judge of Dindigul by allowing this appeal.)

1. The Insurance Company has filed the above appeal challenging the award of the Motor Accident Claims Tribunal, Dindigul in MCOP.No. 575 of 2016 primarily on the ground of negligence.

2. According to the claimants, the deceased was traveling in a TVS Super-XL Motor Cycle in Seththumadai road from north to south direction slowly on the left hand side at 11.15 a.m on 10.04.2016. At that time, the Maruthi Omni Car coming from the opposite direction had dashed against the motor cycle in a rash and negligent manner and the deceased had sustained grievous injuries and died on the spot. An F.I.R was registered in Crime No.192 of 2016 as against the driver of the Maruthi Car. The claimants have prayed for a compensation of Rs.20 lakhs.

3. The owner of the Maruthi Car had remained exparte and the Insurance Company had filed a counter contending that the accident has taken place on the extreme right side of