JUDGMENT

(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgement and decree passed in M.C.O.P.No.432 of 2013 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Madurai, dated 28.09.2018.)

1. The appeal has been filed by the Insurance Company challenging the award of the Accident Claims Tribunal, Dindigul in MCOP.No.432 of 2013 primarily on the ground of liability.

2. The claimant is an injured person who had travelled in a TATA ACE Vehicle by the side of the driver as a salesman of an oil store carrying the goods. According to the claimant, the vehicle was driven in a rash and negligent manner by the driver by name Manikumar and it got capsized. The claimant got injured in his left shoulder, left wrist and injuries in various parts of the body. The claimant had contended that he was drawing a salary of Rs.12,500/- per month and he prayed for a compensation of Rs.5,00,000/-.

3. The owner of the vehicle namely the first respondent had remained exparte and the insurer had filed a counter contending that the said Manikumar was not on wheel at the time of accident. One Sebastin was the driver at the time of acc