JUDGMENT :

D. KRISHNAKUMAR, J.

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 25.11.2010, made in M.C.O.P. No. 664 of 2006, on the file of the III Judge, Court of Small Causes, Chennai.

The matter is heard through “Video Conferencing.”

1. This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the judgment and decree dated 25.11.2010, made in M.C.O.P. No. 664 of 2006, on the file of the III Judge, Court of Small Causes, Chennai.

2. The appellant is the 2nd respondent in M.C.O.P. No. 664 of 2006, on the file of the III Judge, Court of Small Causes, Chennai. The respondents 1 to 4 have filed the said claim petition, claiming a sum of Rs. 20,00,000/- restricted to Rs. 5,00,000/- as compensation for the death occurred in the road accident that took place on 11.03.2005.

3. According to the respondents 1 to 4/claimants, on 11.03.2005 at about 7.30 pm when the deceased was walking along East Coast Road with his son Venkatesan from Uthandi to Kanathoor, at that time the first respondent’s TVS Victor Motor Cycle bearing Regn.No. TN-07-AA-5860 came in a rash and negligent manner