JUDGMENT :

(Prayer : Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, against the award and decree dated 26.10.2018 passed in M.C.O.P.No.41 of 2013 on the file of the Motor Accident Claims Tribunal/Subordinate Court, Vedasandur, Dindigul District.)

This appeal has been filed by the appellant/Insurance Company questioning the award passed by the Tribunal only on the ground of liability.

2. It is a case of fatal. The first and second respondents/claimants 1 and 2 are daughter and son of the deceased Kannammal. The third respondent herein/1st respondent is the owner of the vehicle. The fourth respondent/3rd respondent is the husband of the deceased Kannammal and father of the minor respondents 1 and 2 herein/Claimants. As the 4th respondent married another woman and abandoned the first and second respondents and also their mother ie., the deceased Kannammal, initially, he was not arrayed as a party in the claim petition, but subsequently he was added as a party respondent by filing a petition before the Tribunal. However, he filed an affidavit stating that he would not claim any share amount for the death of the deceased Kannammal.

3. On 27.02.2013,