R.SUBBIAH, J.,

1. Challenging the correctness of the Award (14.12.2010) passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Vellore, in M.C.O.P.No. 138 of 2009, Royal Sundaram Alliance Insurance company has preferred this appeal.

Respondents 1 to 4 are claimants before the Tribunal and they are the legal heirs of deceased R.Vasanthan, who had died in a motor accident occurred on 28.01.2009.

2. Brief facts are as follows:

On 28.01.2009 at about 5.00 PM while one R.Vasanthan was riding the motor cycle bearing registration No.TN-23-AS-2504 at Sipcot near Reliance Petrol Bunk, in the same direction, a car bearing registration No.TN-23-AF-0048 came in a rash and negligent manner with a hectic speed and hit the backside of the motor cycle. In that process, the said Vasanthan sustained grievous injuries on his head and all over his body and immediately he was admitted in C.M.C.Hospital Vellore, where he died. The accident is the result of rash and negligent driving of the driver of the car. Hence, respondents 1 to 4 made a claim as against the owner as well as the insurer of the car.

3. Resisting the said case, Insurance company filed a counter stating