RAMANUJAM, J. :- This is an appeal filed by the United India Fire and General Insurance Co. Ltd., Madurai against the award passed by the Motor Accidents Claims Tribunal in M.A.C.O.P. No.36 of 1976, at the instance of the claimants-respondents 1 to 8 therein.

2. On 27-10-1975, one Alagappan aged about 32 years, who was a senior clerk of the State Bank of India, Kodaikanal, was returning from Madurai to Kodaikanal, in a car MDA 1194, which was owned by the 9th respondent and driven by the 10th respondent herein, At about 6 a.m. when the car was going in front of the Parayai Mills' gate in Samayanallur on the Dindigul main road, the driver of the car lost control of the vehicle and the car went to the left end of the road and hit against a tree and as a result of the impact, the gear rod caused grievous injuries on the stomach of Alagappan. He was immediately taken in a bus to the Government Hospital, Madurai where he died the next day. The said car had been insured with the second respondent (appellant herein) in the original petition before the Tribunal. On the ground that the said accident was due to rash and negligent driving of the car by its driver, the legal representa