JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aide the judgement and decree passed in MCOP.No.160 of 2016 dated 07.11.2019 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Tirunelveli and allow the appeal with costs.)

1. The above appeal has been filed by the Insurance Company challenging the Negligence/liability and quantum fixed by the Motor Accident Claims Tribunal, Tirunelveli in M.C.O.P.No.160 of 2016.

2. A 21 year old man was working as a Lorry Cleaner while sitting as a pillion rider in a motor bike was hit by a Maruthi Omni Van coming in the opposite direction and succumbed to injuries. His father as claimant has filed the claim petition seeking a compensation of a sum of Rs.20,00,000/-.

3. As per the case of the claimant, the driver of the motor bike in which the deceased was travelling as a pillion rider was driving in a high speed towards north. The Maruthi Omni Van belonging to the third respondent was coming from opposite direction without sounding horn in a high speed in a rash and negligent manner and hit against the motor cycle.The accident had occurred only due to the rash and