JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the judgment and decree, dated 15.11.2008, made in M.C.O.P.No.101 of 2006, on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Sivakasi.)

1. This Civil Miscellaneous Appeal is filed against the order, dated 15.11.2008, made in M.C.O.P.No.101 of 2006, on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Sivakasi.

2. The appellant herein is the third respondent, the respondents 1 to 4 herein are the claimants and the fifth respondent herein is the first respondent and the sixth respondent herein is the second respondent in the original claim petition.

3. Brief substance of the petition in M.C.O.P.No.101 of 2006 is as follows:-

On 23.08.2005, the deceased/Thanam Jeyaraj was riding his two wheeler bearing Registration No.TN-67-E-1145 along the Sattur to Virudhunagar road, at that time, a lorry that belonged to the first respondent bearing Registration No.TN-33-AB-0901, came from the opposite direction in a rash and negligent manner and dashed against the two wheeler. The deceased sustained injuries and died on the spot. The claimants are his depend