JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to allow this Civil Miscellaneous Appeal, setting aside the Judgment and Decree dated 24.01.2013 passed in M.C.O.P.No.1336 of 2010 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Krishnagiri.)

1. The above Civil Miscellaneous Appeal has been preferred by the insurance company, the 2nd respondent in M.C.O.P.No.1346 of 2012 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Krishnagiri, aggrieved by the award dated 24.01.2013.

2. The brief facts of the case are as hereunder:

The respondents 1 to 4 as claimants filed M.C.O.P.No.1336 of 2010 seeking compensation to the tune of Rs.8,00,000/- for the death of the Venkatesappa @ Venkatesh, husband, father and son respectively of the claimants. It is the case of the claimants before the Tribunal that the deceased was driving the vehicle bearing registration No. TN-01-R-5870, taking with him his family members and that at about 11.50 hrs, on 18.03.2010, a cyclist suddenly crossed and in order to avoid a collision the deceased applied sudden brake, the vehicle capsized and the deceased sust