JUDGMENT

(Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree passed by the Additional Motor Accidents Claims Tribunal/Subordinate Judge of Aruppukottai in M.C.O.P.No.44 of 2014 dated 11.11.2016.)

1. This Civil Miscellaneous Appeal is directed as against the judgment and decree on certain counts passed by the Motor Accident Claims Tribunal, Sub Judge, Aruppukottai, in M.C.O.P.No.44 of 2014 dated 11.11.2016 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.44 of 2014.

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

This is a fatal case. The petitioners 1 and 2 are the brothers of the deceased and the third petitioner is the sister of the deceased. The deceased Ramamoorthy was a Poojari. On 23.04.2012, at about 07.15 a.m., along the Madurai - Thirumangalam road near Kappaloor Salaiyammal temple, while the deceased Ramamoorthy travelled as a pillion rider in TVS XL beari