P. VISHWANATHA SHETTY, J.

( 1 ) ORIENTAL insurance Co. Ltd. is the appellant in this appeal. In this appeal the appellant has called in question the correctness of the judgment and award dated 21. 4. 2005 made in M. V. C. No. 3696 of 2004 by the Motor accidents Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal')

( 2 ) FACTS in brief: one Nagendra, while travelling in a private car bearing registration No. MET 9341 in front of Srinivasa Saw Mill on m. C. Road near Shivapura, Maddur at about 5 a. m. on 23. 12. 2003 met with an accident and as a result of the said accident he died on the spot. The respondent Nos. 1 and 2 (hereinafter referred to as 'the claimants') are the father and mother respectively of the said Nagendra. Claimants filed a claim petition before the Tribunal claiming for award of compensation of rs. 10,00,000 (rupees ten lakh only ). The claim made by the claimants was resisted by appellant (hereinafter referred to as 'the insurance company') on various grounds. Tribunal on consideration of the evidence on record had found that the accident in question had taken place on account of rash and negligent driving of the car bearing registration No. MET

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