J U D G M E N T

The appellant, the Manager of National Insurance Company Limited, Chennai is the second respondent in M.C.O.P.3728/2016 on the file of the Motor Accident Claims Tribunal, Chennai. The claimants / respondents 1 to 3 filed a claim petition under Section 166 of Motor Vehicles Act, seeking compensation of Rs.80,00,000/- for the death of one Dinesh (sons of the claimants 1 and 2 and brother of the third claimant) in a road accident that occurred on 25.12.2015.

2. The brief case of the claimants is as follows :

On 25.12.2015, Dinesh was travelling in a Maruti Alto car bearing Registration number TN 01 AB 5139 on Chennai - Puducherry road. When the car was nearing Marakkanam, the driver of the car drove the vehicle rashly and negligently and hit a drum placed as median, as a result of which, Dinesh fell down and sustained injuries all over his body. He was immediately rushed to JIPMER Hospital, Puducherry. However, he succumbed to injuries on the same day.

3. According to the claimants, the rash and negligent driving of the driver of the car bearing Registration number TN 01 AB 5139 was the cause of the accident and that since the owner of the car had insured his vehicle with