JUDGMENT :

This appeal is laid as against the judgment and decree dated 03.09.2012 passed by the learned Subordinate Judge, Motor Accident Claims Tribunal, Sankari, in M.C.O.P.No.188 of 2010, thereby awarded the compensation to the tune of Rs.5,38,000/-

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

3. The case of the claimants is that on 27.02.2010, when the deceased was travelling as a pillion rider in a bicycle driven by his friend on the left side of the road, the first respondent's driver drove the lorry in rash and negligent manner and hit the back side of the cycle resulting which the deceased fell down and the lorry also capsized over the deceased. Due to which, the deceased sustained grievous injuries and immediately died. He was a heavy vehicle driver and aged about 45 years. He was earning salary of Rs.12,000/- per month. The first claimant is the wife of the deceased and other claimants are their children. Hence they filed claim petition seeking compensation at Rs.12,50,000/-.

4. Resisting