This Civil Miscellaneous Appeal filed by the Appellant/Insurer is against a judgment and award dated 10.01.2011, passed by the Additional District Court/Fast Track Court No.III, Madurai/Motor Accident Claims Tribunal in M.C.O.P.No.1146 of 2008. The respondents/claimants have also filed a cross objection against the said judgment and award.

2. On 02.06.2007, the deceased victim Ragunathan was riding his motorcycle bearing Registration No.TN-58-Q-5594 to Nagamalai, Pudukottai District on personal work along with one Mr.Raman, the Contractor of his Firm, who was following him in a different vehicle. When they were nearing H.M.S.Colony on the left side of Theni-Madurai road, a TATA 709 milk van bearing Registration No.TN-72-C-6919, owned by the 4th respondent and covered by a policy of insurance taken out by the appellant (hereinafter referred to as "the offending vehicle), which was being driven in a rash and negligent manner in uncontrollable speed, came from the opposite direction, without blowing the horn and collided against the motorcycle.

3. As a result of the accident, the deceased victim Ragunathan was thrown off the vehicle and he fell unconscious. The Contractor Rama