JUDGMENT :

R. SUBBIAH, J

1. This Civil Miscellaneous Appeal has been filed as against the dismissal of the Claim Petition filed by the appellants herein in MCOP No. 4734 of 2018 on the file of the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) Chennai on 02.12.2019.

2. The appellants herein are the father and brother of the deceased Dinesh. It is the case of the appellants that on 01.06.2018 at about 10.30 am, while the deceased was riding the Motor Cycle bearing Registration No. TN 01 AV 6417 on Chetpet-Harrington Road on the top of the subway, from the West to East direction, a car bearing Registration No. TN 07 CA 0014 came from the East to West direction. According to the appellants, the driver of the Car had driven it in a rash and negligent manner and dashed against the two wheeler, as a result of which, the deceased fell down and sustained grievious injuries. Since the accident had occurred due to the rash and negligent driving of the car bearing Registration No. TN 07 CA 0014, the appellants have filed a Claim Petition in MCOP No. 4734 of 2018 claiming