JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgement and Decree dated 22.04.2013 made in M.C.O.P.No.1488 of 2002 on the file of the MACT / Principal District Court, Namakkal.)

1. Aggrieved by the dismissal of their Claim Petition filed in M.C.O.P.No.1488 of 2002 on the file of the Motor Accident Claims Tribunal, Principal District Court, Namakkal, the petitioners are the appellants before this Court. The facts necessary to dispose of the above appeal are as follows and the parties are referred to in the same rank as in the Tribunal below.

2. The petitioners are the wife and the son of one Palaniappan, who was working as a Manager under the 1st respondent on a monthly salary of a sum of Rs.6,000/-. The deceased Palaniappan was aged about 55 years when he passed away. The case of the petitioners is that on 29.03.2002 at about 3.30 A.M., while the said Palaniappan was on duty as a Manager in a Company owned by the 1st respondent, he was assaulted by two workers of the same rig unit and strangulated by them. As a result, the said Palaniappan had died on the spot. Therefore, the petitioners had filed the Claim Petit