JUDGMENT :

PRAYER : Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, to set aside the judgment and decree passed in M.A.C.T.O.P.No.124 of 2016 dated 23.03.2018 on the file of the Motor Accident Claims Tribunal, Special District Court, Salem.

The Insurance Company is before this Court, challenging the award passed in M.A.C.T.O.P.No.124 of 2016 by the Motor Accident Claims Tribunal, Special District Court, Salem.

2. The petition has been filed by the respondents herein, who are the legal heirs of the deceased Manikandan under Section 163-A of the Motor Vehicles Act, 1988. The accident in which Manikandan has lost his life has occurred as follows:

The deceased Manikandan was riding his motorcycle bearing Registration No.TN 54 Z 4208 in Imlikhedha Road, Madhya Pradesh and as he was proceeding near the Khartalai Bridge, Ulijhawan, Imlikheda, the deceased while taking a turn hit against the railing of a bridge and fell into the canal along with the motorcycle. In the fall, he had injured his head and became unconscious. He was admitted to a private hospital at Bhopal, where he died.

3. The claimants are the wife, minor son, father and brother of the decea