JUDGMENT

The Civil Miscellaneous Appeal is directed against the award dated 10.11.2021, passed in M.C.O.P.No.1013 of 2018, on the file of the Motor Accident Claims Tribunal/Special District Court to deal with Motor Accident Cases, Madurai.

2. The appellant/Insurer, who was made liable to pay compensation of Rs.18,01,500/- with interest at 7.5% pa., and costs to the claimants for the death of one Ayyam Perumal, who died consequent to an accident occurred on 26.12.2017, challenged the liability mulcted on it.

3. The case of the claimants is that on 26.12.2017 at about 15.00 hours, when the deceased was travelling as a pillion rider in Star Sports two wheeler bearing Registration No.TN-59-AR-0195 in Katathevanpatti to Kallapatti road near Raman thottam, Usilampatty, the rider of the two wheeler had proceeded in a rash and negligent manner and suddenly applied brake due to the crossing of a dog and as a result of which, Ayyam Perumal sustained grievous injuries and died on the spot and that the accident was occurred only due to the rash and negligent driving of the two wheeler.

4. The defence of the Insurer is that the claimants have suppressed the real accident occurred, that since the In