JUDGMENT

Aftab Alam, J. —

1. Leave granted.

2. These appeals by the Insurance Company are on a limited issue insofar as in the order of the High Court coming under appeal the appellant is directed to make payment of the compensation amounts to the claimants and then to recover from the owner of the vehicle involved in the accident excess amounts paid over and above its liability under the insurance policy by instituting appropriate actions against them.

3. The matter arises from an unfortunate accident in which two lives were lost. On 14 May, 1981 at about 6.30 in the morning a head-on collision between an Ambassador car bearing Registration No. MDO 7789 and a lorry bearing Registration No. MDR 3106 took place on the Trichy - Chennai highway near Thozhuthur. As a result of the collision the Ambassador Car was badly smashed and turned turtle. Its owner, Annamalai, who was on the driver’s seat died on the spot. Another person, namely, Sigappi, aged about 24 years who worked as Annamalai’s Secretary and who was sitting on the rear seat along with the latter’s son was thrown out of the car and she too died on the spot. However, Annamalai’s wife and daughter sitting on the front seat an