JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 26.11.2018 made in M.C.O.P.No.47 of 2018 on the file of the Motor Accidents Claims Tribunal, Sub Court, Kangayam.)

1. The matter is heard through “Video Conferencing/Hybrid mode”.

This Civil Miscellaneous Appeal has been filed against the award of the Tribunal dated 26.11.2018 made in M.C.O.P.No.47 of 2018 on the file of the Motor Accidents Claims Tribunal, Sub Court, Kangayam.

2. The appellant is the 2nd respondent in M.C.O.P.No.47 of 2018 on the file of the Motor Accidents Claims Tribunal, Sub Court, Kangayam. The respondents 1 to 3 and one M.Muthulakshmi filed the above said claim petition, claiming a sum of Rs.17,00,000/- as compensation for the death of one M.Kumar, who died in the accident that took place on 05.04.2012. Pending claim petition, the 4th claimant viz., M.Muthulakshmi died and the legal heirs of the 4th claimant were impleaded as respective parties in the claim petition as per the order dated 25.07.2018 made in I.A.No.280 of 2018.

3. According to respondents 1 to 3 and 4th claimant, on 05.04.2012 at about 04.00 a.m., whi