The Civil Miscellaneous Appeals are filed by the Insurance Company challenging the finding of the Tribunal with regard to the liability of the Company to pay compensation. C.M.A.No.1163 of 2005 is filed against the award passed in M.C.O.P.No.1285 of 2003 on the file of the Motor Accident Claims Tribunal (Additional District Judge/Fast Track Court No.2) Tirunelveli, dated 20.09.2005. C.M.A.Nos.8 to 12 of 2004 are filed against the award passed in respect of M.C.O.P.Nos.369 to 373 of 2002 on the file of the Motor Accident Claims Tribunal (Sub Court) Tenkasi dated 29.09.2005. Since the question of law and the facts involved are one and the same, all the appeals are taken up together and disposed of by a common judgment.

2. Brief facts leading to the appeal are as follows: On 14.07.2002 at 8.45 a.m., when Velsamy (since deceased) and five others were travelling in an Autorickshaw bearing Registration No.TN-72-U-1175, owned by the second respondent and insured with the appellant-Insurance Company, near Kandasamy Sand Quarry, the driver of the Autorickshaw drove the vehicle in a rash and negligent manner and capsized it. The said Velsamy died on the spot and the rest of the p