JUDGMENT :

This appeal has been filed by the appellant / Insurance Company challenging the award on the ground of liability and quantum.

2. The respondents 1 to 3 herein are the legal heirs of the deceased, who drove the lorry owned by the first respondent insured with the second respondent. The respondents 1 to 3 herein filed the claim petition under Section 167 of the Motor Vehicles Act, on the ground that the husband of the first claim petitioner was employed as a driver in the lorry owned by the Ramakrishnan, the fourth respondent herein and the deceased was driving the lorry Registration No.TN 24 T 2364 in Chengam to Tiruvannamalai main road. At that time the lorry came from opposite direction in a rash and negligent manner just about to hit the lorry driven by the deceased. To avoid the accident the deceased turned his lorry to left side and he lost control and hit on the road side tamarind tree and caused the accident.

3. In support thereof, the cleaner of the vehicle was examined as P.W.1, he would depose that in order to avoid the vehicle coming from opposite direction, the driver of the lorry namely the deceased-Murugan turned the lorry to the left hand side and hit against