JUDGMENT

The appellant/Oriental Insurance Company has filed the present C.M.A(MD)No.758 of 2014, challenging the award passed in MCOP.No.11 of 2013, dated 09.12.2013, on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Aruppukottai. 2.It is a case of a fatal accident caused in the accident took place on 11.06.2012 around 6.00 p.m. near Arupukkottai to Palayampatti Road. The motorcycle insured with the Insurance https://hcCseorvmicpesa.ecnouyrts .gbove.ina/hrcsiervnicges / Registration No.TN67-AD-6958 driving in rash and negligent manner and dashed against the deceased, resulted grievous injuries causing death in the hospital on 17.06.2012. The deceased person was aged about 59 years and he was a owner of the Hotel business and subsequently shifted his business as land broker.

3.The learned counsel appearing for the appellant/Insurance Company contended that the age of the deceased as per the post- mortem report was 59 years and as per the family ration card, the age of the deceased was 63 years. The Tribunal has considered the age of 59 years taking into account in the post-mortem report. But, such a finding is erroneous, in view of the fact that the age stated