JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the judgment and decree, dated 28.11.2011, made in M.A.C.T.O.P.No.36 of 2009 on the file of the Motor Accidents Claims Tribunal - II Additional Sub Court, Nagarcoil.)

1. This Civil Miscellaneous Appeal is filed against the award passed in M.A.C.T.O.P.No.36 of 2009 on the file of the Motor Accidents Claims Tribunal, II Additional Sub Court, Nagarcoil.

2. The appellant herein was the third respondent, the respondents 1 to 3 herein were the claimants, the fourth respondent herein was the first respondent and the fifth respondent herein was the second respondent in the original claim petition in M.A.C.T.O.P.No.36 of 2009.

3. Brief substance of the petition in M.A.C.T.O.P.No.36 of 2009 is as follows:-

The deceased was working as Hitachi Machine operator in Vinayaka Earth Moving and Lorry Services and he was earning Rs.5,000/- per month as salary and Rs.100/- as daily battta. The second respondent is the owner of the Tractor bearing Registration No.TN-72-R-4288. On 01.10.2004, at about 19.00 hours, the first respondent drove the vehicle in a rash and negligent manner, due to the i