ORDER

This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 05.04.2023 passed in MCOP No.289 of 2022 by the learned Motor Accident Claims Tribunal (Special District Judge) Salem.

2. The facts leading to filing of this Civil Miscellaneous Appeal is as follows:-

(i) On 28.03.2021, at about 04.30 p.m., the Duraisamy was proceeding to Panamarathupatty in his TVS XL Super Motorcycle bearing Reg.No.TN 30 L 0299 towards extreme left isde of the Salem to Namakkal bypass, when the was waiting to cross the road near Panamarathupatty service branch road, a tempo traveller bearing Reg.No.KA-05-AD-8095 which came from Salem to Namakkal , driven by its driver in a rash and negligent manner, hit against the said Duraisamy, due to which, he was thrown away from his two wheeler and sustained grievous injury all over the body. Immediately, he was admitted in G.H., Salem for treatment, but he succumbed to injuries on 07.01.2020.

(ii) The 5^th respondent herein is the owner of the t