J U D G M E N T

This Civil Miscellaneous Appeal has been preferred by the appellant/Insurance Company questioning the award of the Tribunal fixing liability on them.

2. The appellant / Insurance Company is the second respondent in MCOP.No.118 of 2018 on the file of the Motor Accidents Claims Tribunal /

Chief Judicial Magistrate Court, Tiruvarur.

3. According to the 1st respondent, on 22.07.2017, at about 22.00 hrs, the deceased Karunamoorthi was riding the Enfield Motor Cycle bearing Regn.No.TN 50B 7920 towards West to East direction, near Erukattur Dar Platn, while the deceased swerved his vehicle to avoid hitting a cow that suddenly crossed the road, he slipped, fell down and sustained head injury. Immediately he was taken to Tiruvarur Medical College Hospital where he was reported dead. Hence, the respondents 1 to 3 filed claim petition claiming a sum of Rs.25,00,000/- as compensation against the 4th respondent, being the owner of the motorcycle and the appellant, being the insurer of the motorcycle.

4. The appellant/insurance company filed counter denying the averments made in the claim petition including the manner of accident. They stated that the accident had occurred only due to