This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 22.02.2013 made in MCOP. No. 116/2010 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Padmanabhapuram.

2. The case of the respondents 1 to 3/claimants is that on 06.08.2008, about 09.30 a.m., when the deceased Natarajan was riding his motorcycle bearing registration No. TN-74-V-8287 on the left side of Thiruvananthapuram Road in front of the Taluk Office at Thuckalay, a Lorry bearing registration No. TN-74-U-2647 driven by its driver/4th respondent herein insured with the appellant, came in a rash and negligent manner and dashed against the deceased, in which, the deceased sustained injuries and he was taken to Vijaya Hospital, Paraicode, where first aid was given by Dr. Kannan. Thereafter, as per the advice of the doctor, the deceased was admitted in Kanyakumari Medical College Hospital, Asaripallam, on 07.08.2008, where, a surgery was performed in the right leg of the deceased and steel screws were inserted to set right the damaged ankle. He was discharged on 08.09.2008.

3. It is the further case of the claimants that due to the injuries, the right leg of the deceas