1. Civil Miscellaneous Appeal filed against the decree and judgment dated 21.12.2011 passed in MCOP No.2399 of 2007 by the Motor Accidents Claims Tribunal, (Principal District Judge), Cuddalore

2. The Insurance Company is the appellant. The respondents 1 to 5 filed a claim petition before the Motor Accidents Claims Tribunal, (Principal District Judge), Cuddalore, claiming compensation for the death of one Venkatesan, aged 31 years, driver by profession. The respondents 1 and 2 are parents, 3 to 5 are brothers and a sister.

3. According to the claimants, on 4.8.2007, the said Venkatesan was travelling in his motor cycle, bearing Registration No.TN-010J-7501, and at that time, a lorry, owned by the 6th respondent, insured with the appellant, bearing registration No.TN-35-Z-1042, dashed against Venkatesan. He sustained multiple injuries and died. The claim was made against the owner, insurer and the driver of the lorry. Owner and driver remained ex-parte.

4. The Insurance Company tooka plea that the alleged offending lorry was not involved in the accident and the deceased himself had contributed to the negligence and therefore, the owner and the Insurance company of the mot