JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai, made in MCOP No.274 of 2016, dated 21.08.2017.)

1. This Civil Miscellaneous Appeal has been filed challenging the award passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Sivagangai, made in MCOP No.274 of 2016, dated 21.08.2017.

2. The short facts of the case is that on 08.04.2015, the deceased Kannan @ Kannappan and some other persons went in a TATA Ace Van TN-63-AE-0996 from Sivagangai to Devakottai for the work at Devakottai and when the Van was nearing Keelavayal, the driver of the Van drove it in a rash and negligent manner and due to it, it was capsized. In the accident, Kannan @ Kannappan sustained injuries all over his body and he was taken to Devakottai Government Hospital and subsequently, he was referred to Madurai Government Rajaji Hospital, where he succumbed to injuries. The legal heirs of the deceased filed a claim petition seeking compensation of Rs.10,00,000/- for the death of the deceased.

3. The claimants have stated that the decea