1. The appellant/ 3rd respondent has preferred the present appeal in CMA(MD).No.148 of 2004, against the judgment and decree passed in M.C.O.P.No.180 of 2002, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Devakottai.

2. The petitioners, who are the parents of the deceased Sivaramasubramanian, have filed the claim in M.C.O.P.No.180 of 2002, claiming compensation of a sum of Rs.10,00,000/- from the respondents, for the death of the said Sivaramasubramanian, in a motor vehicle accident. It was submitted that on 14.08.2002, at about 05.30 p.m., when the deceased Sivaramasubramanian was riding his Scooty near the Pasumalai Vinayagar temple, the 1st respondents lorry bearing registration No.TMT-5259, coming from behind the scooter and driven at a high speed and in a rash and negligent manner by its driver dashed against the Scooty and dragged the Scooty for about 20 feet and caused the accident. In the impact the (deceased) Sivaramasubramanian sustained severe injuries and was admitted at the nearby hospital and subsequently admitted at Madurai Rajaji Government Hospital, wherein it was declared that the (deceased) has been brought dead. The deceased Siva