JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the order of the learned Tribunal of MACT cum District Court, Karur made in M.C.O.P.No.824 of 2018 dated 12.03.2020.)

1. This Civil Miscellaneous Appeal is directed as against the judgment and decree on certain counts passed by the Motor Accident Claims Tribunal, District Judge, Karur, in M.C.O.P.No.824 of 2018 dated 12.03.2020 by the appellant/2nd respondent/insurance company.

2. For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P.No.824 of 2018.

3. The brief facts leading to the filing of the Claim Petition is as follows:-

This is a fatal case. The petitioners are the wife and children of the deceased Pitchai. On 01.10.2018, at about 01.30 p.m., the deceased Pitchai as a pillion rider accompanied Sundararjan, the rider who was driving the two wheeler bearing registration No.TN-48-AX-9533. While the said two wheeler reached south Gandhigramam Vijayakothandaraman's house and proceeded towards northern Gandhigramam main road and thereafter, turned along the east -west mud road, due to the rash and negligent driving of the ri