JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to modify and refix the award passed in MCOP.No.1179 of 2012 dated 27.04.2015 on the file of the IV Additional District Judge, Motor Accident Claims Tribunal, Madurai by and directing the 2nd respondent to pay compensation.)

1. The appeal has been filed by the claimants challenging the exoneration of the insurance company by the Motor Accident Claims Tribunal in MCOP.No.1179 of 2012.

2. The claimants have contended that the deceased was travelling as a pillion rider in a two wheeler driven by the first respondent on 10.03.2012 at about 5.00 p.m. The driver of the vehicle had lost his control due to rash and negligent driving and the deceased and the first respondent were thrown away and sustained injuries. The pillion rider sustained serious head injury and he was initially treated at a private hospital in Madurai and later shifted to Government Rajaji Hospital, Madurai on 10.03.2012 where had passed away on 13.04.2012.

3. According to the claimants, the deceased was employed in Tamil Nadu Electricity Board and hence, he was treated as a paid patient in Government Hospital. The acciden