JUDGMENT (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 10.08.2016 made in M.C.O.P.No.64 of 2010 on the file of the Motor Accident Claims Tribunal, [Chief Judicial Magistrate], Virudhunagar District at Srivilliputhur and allow this Civil Miscellaneous Appeal.) S. Ananthi, J. 1. This Civil Miscellaneous Appeal has been filed by the Appellant/Insurance Company, to set aside the order, dated 10.08.2016 in M.C.O.P.No.64 of 2010 passed by the learned Chief Judicial Magistrate/Motor Accident Claims Tribunal, Virudhunagar District at Srivilliputhur, on the ground that the accident was occurred only by the negligent act of the deceased and also raised an objection that the quantum of compensation awarded by the Tribunal is very high. 2. The parties are referred to as per the rank mentioned before the Court below. 3. It is a case of fatal accident, which took place on 05.02.2010 at about 11.30 a.m., the husband of the 1st claimant and the father of the Minor claimants, namely; Periyasamy was riding a TVS XL two wheeler bearing Regn.No.TN-67-P-9186 from east to west on the Sivakasi – Srivilliputhur Road. At the time, the driver of the Tipper Lorry bearing Registration No.TN-20-AU-0316 came behind the two wheeler in a rash and negligent manner and dashed against the two wheeler. Due to the accident, the Periyasamy died on the spot. 4. The claimants have filed a claim petition in M.C.O.P.No.64 of 2010 on the file of the learned Chief Judicial Magistrate/Motor Accident Claims Tribunal, Virudhunagar District at Srivilliputhur, seeking compensation. 5. Before the Tribunal, on the side of the claimants Two witnesses were examined as P.W.1 & P.W.2 and marked Five documents as Exs.P.1 & P.5 and no witness was examined and document was marked on the side of the Respondents. 6. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the owner of the vehicle and the insurance company and also on appreciating the evidences on record, and directed the insurance company to pay a sum of Rs.22,79,000/-as compensation with 7.5.% per annum. Aggrieved over the same, the Appellant/Insurance company has preferred this appeal. 7. Heard both sides. Perused the materials available on record. 8. The point for consideration is that Whether the accident was not occurred by the negligent act of the driver of Tipper Lorry? 9. Aggrieved over the same, the Appellant/Insurance company has preferred this appeal. 7. Heard both sides. Perused the materials available on record. 8. The point for consideration is that Whether the accident was not occurred by the negligent act of the driver of Tipper Lorry? 9. The complaint was given immediately within an hour from the time of accident, which was registered in Crime No.16 of 2010. The complainant/eye witness was examined as P.W.2. The charge sheet was also filed against the driver of Tipper Lorry (Ex.P.5). As per the evidence of the eye witness/P.W.2 and on perusal of the First Information Report and Charge sheet only the driver of the Tipper Lorry is responsible for the accident. There is no contra evidence on behalf of driver of the Tipper lorry. So, the ground goes. 10. Whether the quantum of compensation awarded by the Tribunal is very high? 11. To prove the salary of the deceased, the claimants have filed salary slip for the month of November 2009 and the same was marked as Ex.P.3. So, only on the basis of the Pay slip, the annual income of the deceased was fixed by the Tribunal. 12. All other grounds, the tribunal has awarded only a just compensation. For funeral expenses and loss of estate no compensation was granted. There is no appeal was preferred by the claimants for enhancing compensation. 13. In view of the foregoing reasons, this Civil Miscellaneous Appeal stands dismissed. The fair and decreetal order, dated 10.08.2016 in M.C.O.P.No.64 of 2010 passed by the learned Chief Judicial Magistrate/Motor Accident Claims Tribunal, Virudhunagar District at Srivilliputhur, is hereby confirmed. The Appellant/Insurance company is directed to deposit the entire compensation amount awarded by the Tribunal, within a period of Six months, from the date of receipt of copy of the order. After depositing the award amount, the claimants are entitled to withdraw the same before the tribunal, on filing appropriate application. The amount of the minor claimants is to be deposited in any one of the Nationalized Bank till they attain majority. The 1st claimant is entitled to receive the accrued interest once in three months from the bank directly. No Costs. Consequently, connected miscellaneous petition is closed.