JUDGMENT :

K.KALYANASUNDARAM, J.

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, against the judgment and decree made in MACT.OP.No.147 of 2017 on the file of the Motor Accidents Claims Tribunal (III Additional District Judge-cum-Sessions Judge) at Gobichettipalayam, dated 20.12.2019.

Heard Mr.M.Krishnamoorthy, learned counsel for the appellant and Mr.SP.Yuvaraj, learned counsel appearing for the respondent and perused the materials available on record.

2. This appeal is filed against the judgment and decree passed by the Motor Accidents Claims Tribunal (III Additional District Judge-cum-Sessions Judge) at Gobichettipalayam, in MCOP.No.147 of 2017.

3. The facts in brief:

(i) The respondent/Radhadevi is the mother of the deceased Shri Sudarshan, who died in the accident on 05.06.2016. According to her, her deceased son was riding the motorcycle bearing Registration No.TN-36- AD-1010 from Hasanur to Arapalayam and about 05.30 p.m., when he was on Mysore-Sathyamangalam Main Road near Arapalayam, he applied break to stop the vehicle, but due to heavy rain, the vehicle fell down and he sustained injuries and died on the spot.

(ii) It is further stated that the