JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order, dated 04.06.2010 made in M.C.O.P.No.4 of 2006, on the file of the Motor Accidents Claims Tribunal/Additional District and Sessions Judge, Periyakulam.)

1. The owner of the vehicle-Tractor is the appellant herein. The respondents 1 to 5 are the legal representatives of the deceased Subburaj, who died in the Road Transport Accident that taken place on 09.07.2005.

2. For the sake of convenience, the parties are referred to as per their ranking before the tribunal.

3. The claimants filed M.C.O.P.No.4 of 2016 before the Motor Accidents Claims Tribunal, Periyakulam, alleging that on 09.07.2005 at about 12.30 p.m. near Thevar Bus stop while the deceased and one Sivakumar, who is launcher of FIR were proceeded from Kondamanaikanpatti to Usilampatti, the deceased Subburaj ride the Hero Honda motorcycle bearing Registration No.KL 2 G9969, followed by the launcher of FIR, who ride the two wheeler bearing Registration No.TN 60B4587, the 1st respondent driver drove the tractor bearing Registration No.TN59 V 2372 with trailor bearing Registration No.TN59 V 2948