JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree dated 19.10.2012 made in M.C.O.P.No.58 of 2011 on the file of the Motor Accidents Claims Tribunal (Additional District Court), Ramanathapuram.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.58 of 2011 dated 19.10.2012, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Ramanathapuram.

2. The appellant herein is the second respondent, the first respondent herein is the claimant and the respondents 2 to 4 herein are the respondents 1, 3 and 4 in the claim petition. The first respondent herein has filed a claim petition in M.C.O.P.No. 58 of 2011, claiming compensation for the death of one Francis Rekka, in an accident that took place on 05.09.2009. The Tribunal has awarded a sum of Rs. 12,49,000/- (Rupees Twelve Lakhs and Forty Nine Thousand only) as compensation. Against which, the appellant has preferred this appeal.

3. A brief substance of the claim petition in M.C.O.P.No.58 of 2011 is as follows:

On 05.09.2009, at about 03.30 p.m., when the deceased and others were travelling i