JUDGMENT :

D. KRISHNAKUMAR, J.

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 28.10.2008, made in M.C.O.P. No. 294 of 2005, on the file of the Subordinate Judge, Kancheepuram.

The matter is heard through “Video Conferencing.”

1. This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the judgment and decree dated 28.10.2008, made in M.C.O.P. No. 294 of 2005, on the file of the Subordinate Judge, Kancheepuram.

2. The appellant is the 2nd respondent in M.C.O.P. No. 294 of 2005, on the file of the Subordinate Judge, Kancheepuram. The respondents 1 to 4 have filed the said claim petition, claiming a sum of Rs. 15,00,000/- as compensation for the death occurred in the road accident that took place on 02.05.2005.

3. According to the respondents 1 to 4/claimants, on 02.05.2005 at about 8.30 hours when the driver of the auto rickshaw bearing Reg.No. TN21 F 1033 proceeding with a poultry load at a place near Annamalai Naicker pump-set, Kalakattur, a driver of the auto drove the auto in a rash and negligent manner and dashed against the tamarind tree. Due to the accident, the pi