JUDGMENT :

R.M.T. Teekaa Raman, J.

1. This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited, challenging, the Judgment and decree passed in M.C.O.P. No. 308 of 2006, on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Judge, Tindivanam District.

2. The claimants in M.C.O.P. No. 308 of 2006 are the legal heirs of the deceased Lakshmi respectively.

3. The brief case of the respondents 1 to 3/claimants is as follows:

(i) The deceased was aged about 45 years, on the date of the accident. She was working as Sithal in Building construction and was earning a sum of Rs. 4,500/- per month.

(ii) On 31.05.2006, at about 12.30 hours, the deceased Lakshmi travelled in the motorcycle as a pillion rider and one senthilkumar was riding his motorcycle bearing Registration No. TN 27 T 4443 near Malgoodai canal at Siruthangalkattu curve road to reach Thangapuripattanam and at that time, the rider of the motorcycle drove it in a rash and negligent manner. Due to the impact, the deceased Lakshmi was thrown away from the motorcycle and fell on the road a