R. Subbiah, J.

1. Challenging the award dated 30.09.2011 made in M.C.O.P.No.491 of 2007 passed by the Motor Accidents Claims Tribunal (Subordinate Court), Sangagiri, the Insurance Company has filed the present appeal.

2. The respondents 1 to 4 herein are the claimants before the Tribunal, being the wife, minor son, mother and father of the deceased Ragubathi, who lost his life in the road accident that had occurred on 19.08.2007 involving the lorry insured with the appellant herein/Insurance Company.

3. It is the case of the respondents 1 to 4 herein/claimants before the Tribunal that on 19.08.2007 at about 12.30 hours, while the deceased was driving his Maruthi Car bearing Registration No.TN-28-R-1233 keeping on the left side of the road on NH-47 Selam-Coimbatore Main Road, at Pachanpalayam, a lorry bearing Registration No.KA-40-8989 came from the opposite direction being driven by its driver in a rash and negligent manner and dashed against the car and thus, caused the accident. In the said accident, the said Ragupathi sustained multiple injuries and he died on the spot itself. Hence, the legal heirs of the deceased have made a claim as against the owner of the lorry as well as its insurer/appellant herein claiming a sum of Rs.30 lakhs as compensation.

4. The case of the respondents 1 to 4/claimants was resisted by the appellant/Insurance Company taking a defence that at the time of accident, the lorry was proceeding at moderate speed keeping on left side of the road and it is the maruthi car came from the opposite direction in a rash and negligent manner and entered into a wrong side of the road and dashed against the lorry.

5. The Tribunal, after analyzing the entire evidence adduced on either side, has come to the conclusion that the accident is the result of the rash and negligent driving of the driver of the lorry. Based on the said finding, the Tribunal has calculated the compensation under different heads and has passed an award for a total sum of Rs.19,50,000/-. Aggrieved over the findings rendered by the Tribunal that the driver of the lorry is responsible for the accident as well as questioning the quantum of compensation, the present appeal has been filed by the Insurance Company.

6. It is the submission of the learned counsel for the appellant/Insurance Company that before the Tribunal the Insurance Company had taken a defence that the accident had occurred only due to the rash and negligent driving of the driver of the car. In this regard, the learned counsel for the appellant/Insurance Company submitted that on the date of accident, when the lorry was proceeding from East to West keeping on the left side of the road, the car, which was coming from the opposite direction, entered into wrong side of the road and dashed against the lorry and thus, the deceased himself got involved in the accident. In order to prove this defence, on the side of the appellant/Insurance Company, the driver of the lorry was examined as R.W.1. The learned counsel for the appellant/Insurance Company submitted that the evidence of R.W.1, Accident Sketch-Ex.P.4 marked on the side of the claimants and the admission made in the cross-examination of P.W.2, who was an eye-witness to the accident, would go to show that the accident had occurred only on the fault of the driver of the car viz., the deceased Ragupathi. But, the Tribunal has failed to consider Ex.P.4-Accident Sketch as well as the admission made by P.W.2. Hence, the finding rendered by the Tribunal that the accident is the result of rash and negligent driving of the driver of the lorry is liable to be set aside and consequently, the Insurance Company has to be exonerated from its liability in paying the compensation amount.

7. Per contra, the learned counsel for the respondents 1 to 4 / claimants submitted that a criminal case was registered as against the driver of the lorry and on completion of investigation, a charge-sheet has also been filed as against the driver o