JUDGMENT :

(Through Video Conferencing)

This Civil Miscellaneous Appeal has been filed by the appellant Insurance Company. It is aggrieved by the impugned Judgment and Decree dated 21.12.2018 passed by the Motor Accident Claims Tribunal (Additional District Court), Hosur in M.C.O.P.No.411 of 2017.

2. By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.9,91,000/- as compensation together with interest at 7.5% per annum from the date of claim petition till the date of deposit and costs to the first to fourth respondents.

3. The impugned Judgment and Decree is sought to be assailed by the appellant insurance company in this appeal on the ground that the deceased travelled as a “gratuitous passenger” in the insured vehicle bearing registration No.KA-02-C-4935.

4. It is submitted that the issue is no longer res-integra and is covered by a decision of the Division Bench of this Court in Bharathi Axa General Insurance Co. Ltd. Vs. Aandi and others, (2018) 2 TN MAC 751 and few other decisions of the Hon’ble Supreme Court and therefore the appeal filed by the appellant-Insurance Company deserves to be allowed.

5. Defending the impugned order Judgment and Decree, learned coun