JUDGMENT

(Prayer:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the order and decree dated 08.11.2008 passed in M.A.C.O.P.No.259 of 2003 on the file of the Motor Accident Claims Tribunal, Principal District Court, Thoothukudi to allow this appeal with cost.)

1.The present appeal has been filed by the insurance company challenging the award passed by the Motor Accident Claims Tribunal, Thoothukudi in MCOP.No.259 of 2003 primarily on the ground of liability.

2. According to the claimants, the deceased Thangaraj was an occupant of an Ambassador Car owned by the first respondent in the claim petition and insured with the second respondent. The lorry belonging to the third respondent and insured with the fourth respondent was driven in a rash and negligent manner and dashed against the Ambassador Car in which the deceased Thangaraj had sustained grievous injuries and later passed away. According to the claim petitioners, the driver of both the vehicles had equally contributed to the said accident. The claimants have prayed for a sum of Rs.7,00,000/- as compensation.

3. The insurance company of the Ambassador Car had filed a counter contending