By consent, the Civil Miscellaneous Appeal is taken up for final disposal.

2. This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 23.02.2011 passed in M.C.O.P.No.119 of 2009 on the file of the Motor Accidents Claims Tribunal (Principal District Judge), Ramanathapuram.

3. The facts in brief leading to the filing of this Civil Miscellaneous Appeal, are as follows:

(i) The appellant is the second respondent and the respondents 1 to 4 are the petitioners/claimants and the fifth respondent/owner of the auto is the first respondent in M.C.O.P.No.119 of 2009 on the file of the Court of Motor Accident Claims Tribunal (Principal District Judge), Ramanathapuram. The respondents 1 to 4 filed a claim petition in M.C.O.P.No.119 of 2009 claiming a sum of Rs.40,00,000/- as compensation.

(ii) According to the respondents 1 to 4/claimants, on 23.07.2009 about 06.00 p.m., one Karuppiah, husband of the first respondent, father of the respondents 2 and 3 and son of the fourth respondent along with his friends viz., Ravi and Sakthivel were standing on the southern ed