T.S. Sivagnanam, J.

1. The Civil Miscellaneous Appeal in C.M.A. (MD) No. 279 of 2013 has been filed by the respondent 2nd respondent Insurance Company against the fair and decreetal order dated 06.10.2012 passed in MCOP No. 1908 of 2004 on the file of the Motor Accidents Claims Tribunal/Sub Court, Trichy.

2. For the sake of convenience, the parties are referred to according to their litigative status before the Tribunal.

3. The case of the claimants before the Tribunal, as per the Claim petition is that on 10.06.2004 at about, 16.00 hrs when the deceased was driving his Lancer Car bearing Registration No. TN-45S-9199 at the left side (western side) of the road from South to North and while he was coming between Settupatti and Soriyampatti an Ambassador Car bearing Registration No. TN-59E-9288, belonging to the first respondent was driven by its driver in a rash and negligent manner at a high speed and without observing Motor Vehicle Rules came from North to South and dashed against the Lancer Car driven by the deceased in its front side as a result of which, the deceased