Mathivanan, J.

This civil miscellaneous appeal is directed against the order of dismissal dated 11.4.2002 and made in M.C.O.P. No. 17 of 2002, on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Tuticorin. The facts which are absolutely necessary for the disposal of the appeal may be summarised as under:

That on 6.2.1999, at about 11 a.m., the motor cycle bearing registration No. TN 69-B 5437 had hit against the deceased boy Vijayamuthu, aged about 6 years, when he was standing near Ayyar Battery Company at Harbour Extension Road Camp-I, Tuticorin. As a result of this, he had sustained fracture over his head and multiple injuries all over his body. Soon after the occurrence, he was removed to the Government Medical College & Hospital at Tuticorin wherein he was treated as inpatient from 6.2.1999 to 9.2.1999. Thereafter, he had succumbed to injuries while he was under treatment. Hence, the appellants being the parents of the deceased had filed a claim petition in M.C.O.P. No. 71 of 1999, on the file of the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Tuticorin, claiming a