PRABHA SRIDEVAN, J.

1. On 13. 1997, one Vijaya Baskaran (the deceased) was proceeding in his motor cycle, when near the Kathipara Junction, the insured lorry bearing No.TN-21-U-1305 hit him and caused fatal injuries. According to the claimants, the legal representatives of the above Vijaya Baskaran, it was the rash and negligent driving of the lorry driver which caused the accident. They claimed Rupees One Crore as compensation since according to them, the deceased was the proprietor of Saran Engineers and Builders and was earning between Rs.25,000/- and Rs.35,000/-per month. The owner of the lorry, who was the first respondent in the claim petition and who is the fifth respondent herein, remained ex parte initially and then sought to set aside the ex parte order and contested the claim. According to the owner, the deceased was under the influence of alcohol and fell down in his attempt to overtake the vehicle that was going in front of him.

2. The appellant-insurance company, which was the second respondent in the claim petition, disclaimed its liability on the ground that there was no subsisting insurance policy in respect of the lorry on the date of the accident. The