JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 (1) of Motor Vehicles Act, 1988, to set aside the judgement and decree passed in MCOP.No.255 of 2011 on the file of the IV Additional District Judge, Madurai dated 13.04.2018 and also to allot the share of the deceased Karuppaiah to other petitioners.)

The appeal has been filed by the claimants challenging the rejection of award for the petitioners 2 to 5 and granting of award in favour of the 3rd respondent in the claim petition.

Factual Background:

2. According to the claimants, the deceased Mayilsamy was travelling in a two wheeler with the third respondent as a pillion rider on 13.06.2010. A Car coming from the opposite direction belonging to the first respondent and insured with the second respondent had dashed against the motor bike in which the driver of the bike had sustained grievous injuries and died on the spot and the pillion rider sustained grievous injuries.

3.According to the claimants, the deceased working as a Ticket Checker and he was running a Fancy Store and he was earning a sum of Rs.11,500/- per month. The first claimant is the wife and the claimants 2 to 5 are the children and the 6th claimant wa