1. The Insurance Company has filed this appeal against the award of the Motor

Accident Claims Tribunal, Kallakurichi dated 12. 96 in MCOP.395 of 1996.

2. The respondents 1 to 4 herein filed the said claim petition, claiming a compensation of Rs.l lakh for the death of one Muthammal. The deceased is the mother of the claimants. She died on 7. 92 at 11.30 a.m. in a road accident,since the tempo bearing Registration No.TCF 4437 driven in a rash and negligent manner dashed against the deceased. It is the case of the claimants that the accident occurred due to the rash and negligent driving of the tempo by the driver and hence the insurance company is liable to pay the compensation.

3. The appellant herein resisted the claim of the claimants, contending that the accident occurred only due to the negligence of the deceased Muthammal, since she suddenly crossed the road. The driver of the vehicle had driven the vehicle in a careful manner and the accident did not take place in the manner in which it was put forth by the claimants.

4. The Tribunal, after careful consideration of the evidence available on record, awarded the compensation of Rs.l lakh. Aggrieved by the same,