A. Subbulakshmy, J

1. Claimants are the wife, children and mother of the deceased Janakiraman, who died as a result of the accident that occurred on 26. 1994 at about 22.05 hours while he was proceeding in his moped from the West to East towards loading section in his factory. At that time the tempo bearing Registration No.TDD 8706 came from North to South inside the factory driven by its driver, the third respondent, in a rash and negligent manner and dashed against the moped which the deceased Janakiraman was driving. The said Janakiraman was thrown off from his vehicle and he sustained injuries and inspite of intensive treatment in the hospital, he died.

2. The tribunal found that the accident had happened due to the negligent driving of the tempo driver, the third respondent. The tribunal had further found that the place where the accident occurred is a private place and the second respondent Insurance Company is not liable as per provisions of section 147 of the Motor Vehicles Act, 1988 and he has directed respondents 1 and 3 to pay the compensation amount.

3. Aggrieved by the order passed by the tribunal, the claimants have preferred this appeal.

4. Thelearne