JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 15.02.2013 made in M.C.O.P.No.176 of 2010, on the file of the MACT (Sub-Court), at Udumalpet.)

(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 directing the Insurance Company to pay the award amount of Rs.6,73,000/- to the claimants and recover the same from the vehicle owner.

2. The facts of the case is that, Kalimuthu, aged about 22 years at the time of accident was working as Supervisor in Hudson Milk Diary Farm and earning Rs.15,000/- per month. He along with his friends went to Kodaikanal in a Tata Sumo car bearing registration No.TN-59-H-9270, owned by the 2nd respondent. The 1st respondent was the driver of the Tata sumo. Near 13/14 Hairpin bend, the driver of the Tata sumo when he applied sudden brake to avoid the upcoming vehicle, lost the control of the vehicle and turned turtle. Mr.Kalimuthu, who was one of the occupants in the Tata sumo got crushed and died on the spot. Attributing negligence on the Tata sumo driver, claim petition for Rs