S. Manikumar, J.

1. Arising out of an accident, which occurred on 16.11.2011, about 4.30 p.m, a Tata Sumo vehicle bearing Regn. No. KA-21/M 2433, belonging to M. Sakthivelu/3rd Respondent in C.M.A. No. 2112/2016 and 4th Respondent in C.M.A. No. 2111/2016, and insured with New India Assurance Co. Ltd., Bommasandra, Bangalore (appellant herein), driven in a rash and negligent manner, by his driver, dashed against a pedestrian, who was walking on the left side of Hosur to Rayakottai Road, and lost control of the vehicle, dashed against a road side tamarind tree. Rajeswari, who was travelling in the Tata Sumo van, sustained grievous injuries and she died on the spot. Madhesh, brother of Rajeswari, who also sustained injuries, died on the way to the hospital. One Sakthivel also died. Some others were injured. In this regard, a case in Crime No. 167/2011 under Sections 279, 337 and 304-A IPC has been registered against the driver of the Tata Sumo van bearing Regn. No. KA 21/M 2433 on the file of Uddanapalli Police station. For the death of Shivakumar, legal representatives filed MCOP No. 411/2013 on the file of Motor Accident Claims Tribunal (Special Court for Motor Accident Cla