Pushpa Sathyanarayana, J.

The New India Assurance Company is the appellant in the above appeal challenging the award and decree dated 24.11.2012 passed in M.C.O.P.No.1059 of 2011 on the file of the Motor Accidents Claims Tribunal (Court of Small Causes), Chennai in respect of the quantum of compensation.

2. Heard Mr.M.B.Raghavan, learned counsel appearing for the appellant and Mr.M.Sathyan, learned counsel appearing for the respondents 1 to 4. It is stated that the 5th respondent remained ex parte in the Tribunal and hence notice may be dispensed with in respect of the 5th respondent.

3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 30.8.2010 at 11.50 am. The deceased Rajaram, aged about 40 years, was riding his motorcycle bearing Registration No.TN-02-AJ-4932 in Poonamallee High Road near Nerkundram Murugan Temple. At that time, a trailer lorry bearing Registration No.TN-10-R-9109 driven by its driver came in a rash and negligent manner from behind and hit the deceased Rajaram. Due to this, the deceased sustained multiple injuries and he was admitted in Apollo Hospital, Chennai for treatment and he die