Prabha Sridevan, J.

1. When the driver is found guilty of negligence and causes his wifes death, can he prosecute a claim for compensation? To what extent is insurance company is liable? These are the questions that arise in this civil miscellaneous appeal.

The deceased Sujatha was travelling in the insured car which was driven by her husband, the first respondent and which belonged to her father-in-law, the 5th respondent herein. The minor daughter, second respondent was also in the car. The deceased was a Doctor in the Primary Health Centre at Narthampoondi. According to the claimant, she was also having private practice. The car was insured by the appellant – Insurance Company. On 05-04-2002, at about 20:30 hours, the first respondent was driving the car from Chennai to Thiruvannamalai. They had a brief halt at Gingee when they were proceeding along the Gingee-Thiruvannamalai highway there was a road curve when the car turned right the steering wheel of the car got stuck and the car drag towards its right and dashed against the road side tree in which all the persons in the car sustained injuries and the deceased succumbed to the injuries. A claim was made for compen