R. SUBRAMANIAN, N. SENTHILKUMAR
S. Shantha – Appellant
Versus
C. Kumarasamy – Respondent
JUDGMENT :
(R. Subramanian, J.)
(Prayer: This Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 12.06.2017 made in MCOP No.381 of 2014, on the file of the Motor Accident Claims Tribunal/The Special District Court, Erode.)
The claimants, who are the parents of one S.Prakash, who died in a motor accident that occurred on 26.10.2013 are on appeal, challenging the award of the Tribunal making the first and the fourth respondents, before the Tribunal as well as in this Appeal, liable to pay the compensation awarded in MCOP No.381 of 2014.
2. The facts that led to the filing of the claim petition in MCOP No.381 of 2014 are as follows:
2.1. On 26.10.2023, while the deceased Prakash was returning from his work in his Motor Cycle bearing Registration No.TN 38 AM 9002 on Erode Karur Main Road from west to east, the Tractor bearing Registration No.TN 33 AK 5529 owned by the second respondent, driven by the first respondent in a rash and negligent manner dashed against him. As a result of the impact, the deceased was thrown of the motor cycle suffered a head injury and died on the spot. It was contended that the deceased was
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