JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Judgment and Decree, dated 19.08.2013 passed in M.C.O.P.No.709 of 2010 on the file of the Motor Accident Claims Tribunal/Additional District Cum Sessions Court, Dindigul.

1. This Civil Miscellaneous Appeal has been filed against the Judgment and Decree, dated 19.08.2013 in M.C.O.P.No.709 of 2010 passed by the learned Motor Accident Claims Tribunal/Additional District Cum Sessions Judge, Dindigul.

2. It is a case of fatal accident. On 28.08.2006, the deceased Mohanraj and three others were travelled in 407 Van Goods vehicle to plant saplings in forest range in the lorry bearing Regn. No.TN-65-7099 which was belonged to the 5th respondent herein. Near Thachachalangaru Bridge, the said 407 Van was driven by its driver in rash and negligent manner and the said Van went and topple down without noticing the pit. Due the said accident, the said Mohanraj died and other three persons were sustained injuries.

3. The claimants have filed a claim petition in M.C.O.P.No.709 of 2010 on the file of the learned Motor Accident Claims Tribunal/Additional District and Sessions Judge, Dindigul, see