1. This is an insurer's appeal.

2. On 01.07.1996, Jesu Michael went as a driver in the lorry belonging to 6th respondent. The vehicle has been insured with the appellant. On that day, a road accident took place. The Lorry and a Crane dashed against each other. In this accident, the said lorry driver died. His dependants claimed compensation in M.C.O.P.No.1210 of 1999, before the Motor Accidents Claims Tribunal (Principal District Judge), Tiruchy.

3. The F.I.R. has been registered against the Crane driver (Ex.P.1). After investigation, the Crane driver was charge sheeted (Ex.R.4), He also admitted his guilt and paid the fine (See Ex.R.3). In the circumstances, the Tribunal held that the Crane driver was guilty of negligence. However, it had considered the matter under Workmen Compensation Act, 1923 and granted compensation to the claimants applying the principles relating to determination of compensation under the Motor Vehicles Act, 1988 and ultimately awarded the entire Rs.1,60,800/- with 9% interest p.a. and directed the 6th respondent and the appellant to pay the said amount.

4. The learned counsel for the insurance company/appellant would contend that the Tribunal recorde