JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in M.C.O.P.No.370 of 2015 on 23.02.2016 on the file of the learned Motor Accident Claims Tribunal, (Special District- Judge), at Krishnagiri.)

1. This appeal has been filed by the Insurance Company being aggrieved by the liability fixed on the Insurance Company to pay a sum of Rs.7,46,200/- to the claimants, who are the legal representatives of the deceased accident victim.

2. The claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 since the accident had occurred, while the deceased driving his Tata Tempo Van bearing Reg.No.TN-25-D-2234 hit the unknown vehicle proceeding ahead of his van. As per the claim petition, on 24.04.2013, at about 5.15 a.m., the deceased while driving the Tata van as owner-cum-driver insured under the appellant, proceeding from Bengalore to Thiruppathur near TVS Petrol Bunk at Perandapalli 'U' turn, dashed behind the unknown vehicle and died on the spot. At the time of the accident, the deceased was 34 years old and earning a sum of Rs.3,300/- per month as self-employed van owner-cum-driv