JUDGMENT

This civil miscellaneous appeal is preferred by the insurance company of the vehicle owned by the fourth respondent and drove by the first respondent, challenging an award passed in MCOP.No.63 of 2020 by the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Madurantakam.

2. The brief facts are that on 11.06.2020, the first respondent with his wife in the pillion was riding a motor-cycle bearing registration No.TN 13 Q 3915 which belonged to the fourth respondent herein. According to the claimants/respondents 1 to 3, the rider of the vehicle, the husband of the victim (the first respondent) drove the vehicle rashly and negligently and dashed against the road median, and it resulted in the death of the pillion rider. Seeking compensation, the heirs of the victim approached the Tribunal. 3. The insurance company raised a defence that the accident had occasioned when an unknown car came into contact with the bike, and placed reliance on the averments made in the FIR as well as the Accident Register of the victim.

4. The victim was 40 years at the relevant time and was stated to be a maid servant, and was earning a monthly income of Rs.8,000/-. The Tribunal applied 1