J U D G M E N T

This Civil Miscellaneous Appeal is filed against the Award and decree dated 14.07.2017, made in M.C.O.P. No.393 of 2015, on the file of the Motor Accident Claims Tribunal (Court of Chief Judicial Magistrate), Dharmapuri.

2. The appeal is filed by the Insurance Company. The 1st respondent is the claimant. The 2nd respondent is the owner and the appellant is the insurer of the offending bus bearing Regn. No.TN-48-Q-0333.

3. The case of the claimant is that, on 06.03.2015, the 1st respondent/claimant was riding his two wheeler bearing Regn. No.TN-29-A- 6510 having one Suresh as pillion rider, from East to West in Dharmapuri to Pennagaram main road, slowly and carefully, keeping on the left side of the road. At about 5.30 p.m., near Sompatty bus stop, the college bus of the 2nd respondent bearing Regn. No.TN-48-Q-0333 was coming on the opposite direction, driven by its driver in a rash and negligent manner. In the meantime, a two wheeler bearing Regn. No.TN-29-AQ-8007, driven by one Manoj Kumar, was coming in front of the bus. On seeing the above two wheeler, the 1st respondent/claimant almost stopped his two wheeler on the left side of the road. However, the said Manoj K