P.R. RAMACHANDRA MENON, J.

1. The challenge raised by the appellant Insurance Company is against the award passed by the Tribunal granting a total compensation of Rs. 2,13,500/- in respect of the death of a person who was driving a car bearing No. KL. 9/U-4744, which belonged to his wife, (who was the first respondent before the Tribunal) and insured by the appellant. The claim was preferred by the children of the deceased and the first respondent as aforesaid.

2. The accident occurred was on 26.03.2007. The car was being driven by the deceased. When he reached the place of occurrence, he lost control over the vehicle and it dashed against a culvert on the side of the road, resulting in serious injuries leading to his death, which was sought to be compensated by filing a claim petition under Section 163A of the M.V.Act, by the grown-up children of the deceased, arraying their mother/the owner of the car as the first respondent and the appellant as the insurer of the vehicle. The wife of the deceased, i.e. owner of the car did not contest the matter and was declared as ex parte. The resistance made by the appellant insurance company was that the vehicle, though was covered b