( 1 ) BEING aggrieved by the award dated 22. 12. 1997 passed by the Motor Accident Claims Tribunal (District Judge) Udagamandalam in M. C. O. P. No. 72 of 1993 the insurer has filed the above appeal.

( 2 ) THE case of respondents 1 and 2 / claimants, who are the parents of the deceased Arul @ Arulselvam, is as follows: the aunt of the deceased engaged a lorry bearing Registration No. TDS 4147 for transporting her household articles from Coonur to Annur. The deceased as custodian of the household articles loaded the articles in the lorry and travelled in the said lorry as a non-fare passenger. He was seated beside the driver in the cabin of the said lorry. The second respondent was the owner of the lorry and the lorry was driven by the first respondent-driver and the lorry was insured with the appellant herein. While the lorry was proceeding to Annur it went out of control due to rash and negligent driving of the driver and capsized at about 8. 30 pm on 01. 09. 1992 at Gurrency-Coonur Road. The deceased was caught under the front side door of the said lorry and sustained multiple injuries including head injuries and died on the spot. The deceased was aged about 27 years and was sel

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