JUDGMENT :

1. This appeal has been laid as against the award and decree dated 16.11.2010 made in M.C.O.P.No.447 of 2007 on the file of the Motor Accident Claims Tribunal, Chief Court of Small Causes, Chennai, thereby awarded the compensation to the tune of Rs.4,70,000/-.

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 19.06.2005, when the deceased was driving a car from Sengadu to Chennai along GWT road nearing Valarpuram Village in a careful manner, the back tire of the car was suddenly burst and as a result, the deceased could not able to control the car and it went to the wrong side of the road and capsized. Therefore, the driver of the car sustained fatal injuries and died. Hence, the legal heirs of the deceased filed claim petition under Section 163(a) of Motor Vehicles Act against the owner of the vehicle and insurer of the vehicle seeking compensation at Rs.22,04,500/-.

4. Resisting the same, the second respondent filed counter stating that the claim petiti