(1.) This appeal has been filed challenging the award dated 30.04.2008 passed by the Motor Accidents Claims Tribunal, Sub Court, Tiruvallur in MCOP No.1160 of 2005. Brief facts leading to the filing of the Civil Miscellaneous Appeal
(2.) On 03.12.2005, a person by name R. Jayavelu was travelling in a Auto bearing Registration No.TN-05-P-9069 and due to rash and negligent driving by the Driver of the said Auto, it dashed against another Auto bearing Registration No.TN- 05-Q-8606 driven by the owner of the vehicle. As a result, the Auto bearing Registration No.TN-05-P-9069 was capsized and it caused the death of R. Jayavelu.
(3.) The claimants are the legal representatives and the dependants of the deceased and they are his wife and the two minor children. They preferred a claim before the Motor Accidents Claims Tribunal, Sub Court, Thiruvallur against the owners of the two Autos as well as the Appellant Insurance Company which is the insurer for the Auto bearing Registration NO.TN-05-P-9069 seeking a compensation of Rs.12,00,000/-.