IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2020 CORAM THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN C.M.A.No.1478 of 2015

1.Pankajam

2.Suresh

3.Sathiya @ Sakthivel

4.Minor Palani ...Appellants /versus/

1.Rajendran

2.Divisional Manager, New India Assurance Co.Ltd., Having Office at No.42, Big Street, Thiruvannamalai ...Respondents Prayer: Appeal filed under Section 173 of the Motor Vehicles Act against the Decree and Judgment dated 23.11.2010 and made in M.A.C.T.O.P.No.801 of 2009 on the file of the Motor Accident Claims Tribunal, District Judge, Thiruvannamalai.

For Appellants : Mr.F.Terry Chella Raja For Respondents : No appearance for R1 Mr.Neethi Perumal for R2

J U D G M E N T

(The case has been heard through video conference)

Heard the learned counsel for the appellant and the learned counsel for the respondent.

2. It is a case of fatal accident of one Mr.Thanigachalam aged about

45 years working as a coolie in brick-kiln near Polur Taluk, Tiruvannamalai District. The claimants are his wife and his three children, of them one is a minor boy. The Tribunal, after considering the facts has exonerated the Insurance Company on the ground that the offending vehicle has violated the polic