(1.) Questioning the negligence as well as quantum, the Appellant/Insurance Company, who is the third respondent in the Claim petition in MCOP No.174 of 2008 has preferred the present Civil Miscellaneous Appeal, under Sec. 173 of the Motor Vehicles Act of 1988.
(2.) As it is manifested from the records, the respondents 1 and 2, had moved the Claims Tribunal with a Claim Petition in MCOP No.174 of 2008, claiming a sum of Rs.20,00,000.00 towards the compensation for the death of one Balaganesan, who is the husband of the first respondent and father of the third respondent herein.
(3.) It is brought to the notice of this Court that at the time of filing the Claim Petition, the third Respondent/Minor B. Mohan Raj, was not born and he was in his mother's womb.