JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, praying against the award and decree dated 27.10.2015 made in M.C.O.P.No.560 of 2012 on the file of the Motor Accidents Claims Tribunal, III Additional District Judge, Kallakurichi.)

(The case has been heard through video conference)

1. This Appeal is filed by the Insurance Company aggrieved by the award passed by the Tribunal and liability fixed upon the Insurance Company to pay compensation to the claimants.

2. The facts of the case is that, on 16.04.2008 when a mini lorry van bearing registration No.TN-31-M-4534 carrying marriage Sridhana articles with five persons capsized near Oxford School at Sankarapuram-Kallakurichi Main Road, Thiru.Karthi aged about 20 years who was one among the persons travelling along with the goods, died. His mother Kannammal filed claim petition seeking a sum of Rs.15,00,000/- compensation for his death. The Insurance Company, under which the vehicle was insured at relevant point of time filed counter denying their liability to pay quoting policy violation though the vehicle was insured under them.

3. The Insurance company has filed counter stating th