JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 11.07.2013 made in O.P.No.215 of 2009 on the file of the Motor Accident Claims Tribunal (Sub Court), Gudiyattam, Vellore District.)

1. Aggrieved by the award dated 11/07/2013 passed by the Motor Accident Claims Tribunal, Gudiyatham in M.C.O.P.No.215 of 2009, fixing the liability on the Insurer, the United India Insurance Co., Ltd, has filed the above appeal.

2. The claim petition under section 166 of the Motor Vehicles Act, filed by the respondents 1 and 2 against the appellant (Insurer) and the 3rd respondent (Insured) herein was allowed by the Tribunal by awarding a sum of Rs. 7,56,000/- with 7.5% interest payable by the Insurer and the Insured jointly and severely. The same is challenged by the Insurer as contrary to law and excessive.

3. The third respondent herein is the owner of the TATA Sumo Car bearing registration No. TN 32 A 4995. The vehicle had insurance coverage under the appellant. It has package policy valid between 18/09/2008 and 17/09/2009. On 29/03/2009, the vehicle capsized on the Bangalore -Chennai National Highways