1. This appeal has been filed against the judgment and decree dated 10.06.2016 made in MCOP.No.74 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Theni.

2. It is the case of the respondents 1 and 2/claimants that on 23.07.2012, about 0.45 hours, one Ranjith Kumar was returning from Theni to Kunnoor after purchasing garments at Theni Anantham Textile Shop, in a two wheeler bearing registration No.TN-60-K-0221 belonging to the 3rd respondent insured with the 4th respondent insurance company, on Theni-Madurai main road, seating with two pillions namely, Veerakumar and Palpandi. While they were proceeding on Theni-Madurai main road, at Balu Furniture Shop, the motorcycle dashed against the heap of mud on the road and they fell down, in which, pillion Veerakumar died and rider Ranjith Kumar and another pillion Palpandi sustained injuries. Claiming compensation of Rs.40,00,000/- for the death of Veerakumar, the parents filed MCOP.No.74 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Theni, contending that the appellant municipality which is engaged in the operation of under-ground drainage