KARPAGAVINAYAGAM, J.

( 1 ) THE Oriental insurance Co. Ltd. is the appellant herein. This appeal is directed against the award and the decree dated 28. 2. 1991 made in m. C. O. P. No. 500 of 1988 on the file of motor Accidents Claims Tribunal (Chief judge, Court of Small Causes), Madras directing the appellant to pay compensation of Rs. 2,42,000 to the respondent Nos. 1 to 4, as against the total compensation of Rs. 2,70,000 claimed.

( 2 ) THE facts leading to the filing of this appeal could be summarised as follows: on 16. 12. 1987 at about 9. 00 p. m. , the deceased Senthilkumar was riding on his motor cycle bearing registration No. TMS 3433 along with his friend in Erukkan-chery High Road from south to north near ramalingaswamy Temple. At that point of time, a van bearing registration No. TMJ 3645 belonging to the Aringar Anna drivers Co-operative Society Ltd. , the respondent No. 5 herein, driven by its driver in a rash and negligent manner, was coming from the opposite direction on wrong side and dashed against the motor cycle and caused grievous injuries to the deceased and the pillion rider. The injured persons were taken to the hospital. Senthilkumar thereafter d