JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgement and decree passed by the Motor Accident Claims Tribunal, Special Sub Court, Thanjavur in MCOP.No.338 of 2015 dated 20.04.2017.)

1. The above appeal has been filed by the Insurance Company challenging the award of the Motor Accident Claims Tribunal, Thanjavur in MCOP.No.338 of 2015 primarily on the ground of liability.

2. According to the claim petition, the deceased claimant was travelling in a Tata Ace Goods Vehicle on 13.10.2014 for the purpose of laying of Thar road. The deceased was sitting on the vehicle for the purpose of loading blue metal on a later point of time. The driver of the Tata Ace drove the vehicle in a rash and negligent manner and the deceased had fallen from the vehicle on the road and she scummed to the injuries. The claimants have sought for a sum of Rs.20 lakhs towards compensation.

3.According to the claimants, the deceased was a coolie woman and she was earning a sum of Rs.12,000/- per month.

4. The owner of the Tata Ace had remained exparte and the second respondent Insurance Company had filed a counter contending that the deceased was a