JUDGMENT :

Feeling aggrieved by the Award dated September 24, 2019 passed by the 'Motor Accident Claims Tribunal (Additional District Judge), Hosur' ['Tribunal' for short] in M.C.O.P.No.55 of 2018, the second respondent therein - Insurance Company has preferred this Civil Miscellaneous Appeal praying to set aside the Award.

PETITIONERS' CASE IN BRIEF:

3.1. When the motorcycle was proceeding near Dharga Muthumariyamman Koil on Bangalore to Hosur NH 7 Road, the first respondent rode the Motorcycle in a rash, reckless and negligent manner, and swerved right to overtake a lorry and abruptly slowed down. Consequently, a lorry coming behind dashed on the motorcycle’s back side and fled the scene. Due to the impact, the deceased sustained fatal injuries to his head and other parts of his body and passed away on the spot.

SECOND RESPONDENT’S CASE IN BRIEF:

TRIBUNAL:

6.  Upon hearing both sides and considering the oral and documentary