JUDGMENT

This Civil Miscellaneous Appeal has been directed against the Judgment and decree dated 23.10.2017 passed in M.C.O.P.No.362 of 2012 on the file of the Motor Accident Claims Tribunal Cum Additional Sub Court, Tenkasi, by the appellant / Insurance Company / respondent challenging the liability of the award.

2. For the sake of convenience, the parties are referred herein as per their rank before the Trial Court.

3. The brief facts in a nutshell are as follows:

(i) This is a fatal case. On 18.08.2012 at about 1.00 P.M., the deceased Sahul Hameed was riding from Senkottai to Tenkasi in TVS Scooty bearing registration No. T.N.76-M.5438 from west to east direction.

While so, unexpectedly a cow jumped into the road, the deceased Sahul Hameed in order to prevent a collusion as against the cow applied sudden break. As a result of which, the said TVS Scooty got skid in the road and the deceased fell down from the bike. As a result of which, the deceased sustained fatal injuries on the back side of his head and all over the body. Immediately, he was taken to the Government Hospital, Tenkasi for first aid and then taken to the Medical College Hospital, Tirunelveli for further treatment. Th