JUDGMENT

(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award passed in M.C.O.P.No. 689 of 2017, dated 25.11.2019, on the file of the Motor Accidents Claims Tribunal(Special District Judge), Trichy.)

1. This Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.689 of 2017, dated 25.11.2019, on the file of the Motor Accidents Claims Tribunal(Special District Judge), Trichy.

2. The Insurance Company is the appellant herein challenging the award passed in M.C.O.P.No.689 of 2017, on the ground of quantum of compensation and negligence.

3. The respondents 1 to 4 herein, have filed a claim petition claiming compensation for the death of one Balu.After trial, a sum of Rs.9,02,800/- is awarded. Aggrieved against the same, the Insurance Company has filed the above appeal.

4. The learned counsel for the appelant/Insurance Company would contend that due to the rash and negligent driving on the part of both the driver, the accident had taken place and hence, the Tribunal has committed an error in fixing the liability on the driver of the insured vehicle alone. Further, the quantum awarded by the Tribunal is excessive,