JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act,1988, appeal against the award and decree dated 16.09.2019 made in M.C.O.P.No.4363 of 2015 on the file of the Motor Accidents Claims Tribunal II Court of Small Causes, Chennai.)

K. Govindarajan Thilakavadi, J.

1. The Insurance Company has filed this Civil Miscellaneous Appeal, aggrieved by the award, dated 16.09.2019 made in M.C.O.P.No.4363 of 2015 on the file of the Motor Accident Claims Tribunal II Court of Small Causes, Chennai, fastening liability on the appellant/Transport Corporation to pay compensation to the claimants.

2.The facts of the case in brief:

On 09.03.2015 at about 18.30 a.m, the deceased Sekhar was travelling as a cleaner cum load man in the Tractor and trailer bearing Registration No.AP-03- BA-0163 in the Shri Kalahasthi road, near Reppalapattu colony, Pichatur Mandal Chittoor District, Andhra pradesh. The driver of the tractor drove the vehicle in a rash and negligent manner. While so, to avoid hitting a cow, which was crossing the road, the driver turned the vehicle. In the impact, the Tractor/trailer was capsized. Due to this, the deceased, who travelled in the tract