JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, praying to set aside the Decree and Judgment dated 19th September, 2018, passed in M.C.O.P. No.389 of 2015 by the Hon''ble Motor Accidents Claims Tribunal, (Special Sub. Court), at Tirupattur.)

1. The appeal is filed by the Insurance Company challenging both negligence as well as quantum of compensation awarded by the Claims Tribunal.

2. The parties are herein referred to, as they are ranked before the Tribunal.

3. The brief facts necessary for the purpose of deciding the case are as follows:

On 17.11.2015, while the claimant was traveling in a Auto rickshaw, a JCB vehicle driven by its driver in a rash and negligent manner, came from the Western side of the main road and dashed against the Auto. Due to the impact, the claimant sustained grievous injuries.

4. According to the claimant, the accident occurred due to rash and negligent driving of the driver of both the vehicles. According to the claimant, being a Coconut peeler and Cattle seller, he was earning Rs.15,000/- per month, out of the aforesaid business and was maintaining his family. The claimant therefore filed the claim peti