JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,1988, against the judgment and decree made in M.A.C.T.O.P.No.42 of 2003, dated 5.5.2005, on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate,Nagercoil).

1. This Civil Miscellaneous Appeal is directed against the judgment and decree made in M.A.C.T.O.P.No.42 of 2003, dated 5.5.2005, on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate),Nagercoil.

2. The claim Petitioners are the appellants herein challenging the award passed in M.C.O.P.No.42 of 2003, on the ground of negligence as well as on quantum.

3. The claim Petitioners in the claim petition as well as in evidence stated that on 5.10.2002, at about 6.00 a.m., the deceased Ebesh, son of Varghese was driver in Lorry bearing Registration No.KL 06-3537 driving towards Madras and he reached near MAM Engineering College, Siruganoor, Tiruchy District on the National Highway. He was driving his lorry very carefully on the left side of the road. At that time, the Tamil Nadu State Express Transport Corporation bus bearing Registration No.TN 01 N 6460 driven by the first respondent in a rash and neg