1. The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 31.03.2003, made in M.C.O.P.No.511 of 2002, on the file of the Motor Accident Claims Tribunal, Sub-Ordinate Court, Thiruvallur, awarding a compensation of Rs.12,17,000/- together with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

2. Aggrieved by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the award and decree passed by the Tribunal.

3. The short facts of the case are as follows:

on 17.02.2002, at about 05.30 p.m. the deceased D.Simson was standing with his friend in G.N.T.road, Athipedu bus stand, at that time the first respondents Swaraj Mazda Mini Lorry bearing registration No.TAC7177, coming from north to south, in a rash and negligent manner by its driver dashed against the deceased and caused his death. The accident had occurred only due to the rash and negligent driving of the driver of the first respondent. The first respondent is the owner of the vehicle and the second respondent is the insurer of the vehicle. The first pe