NAINAR SUNDARAM J.

This civil miscellaneous appeal by the insurance company, with which the vehicle involved in the accident has been insured and against the driver of which vehicle the culpability of being rash and negligent has been found by the Motor Accidents Claims Tribunal, Erode, has got to be allowed on one short and at the same time a very pertinent legal point taken by Mr. K. S. Narasimhan, learned counsel appearing for the insurance company. There was an accident on May 11, 1980. In that accident, two lorries were involved. One lorry bore the registration number MED 4639. It was owned by one N. Ramasami. It was insured with the appellant-insurance company. It was driven at the time of the accident by one S. Ramasami, who was made the first-respondent before the Tribunal and who is the third respondent herein. The other lorry involved in the accident bore the registration number KPE 9368. The finding of the Tribunal was that it was only on account of the rash and negligent driving of lorry MED 4639 that the accident occurred. Unfortunately, the owner of that lorry MED 4639 N. Ramasami, who was travelling in his lorry, died in that accident. His widow and his mi