JUDGMENT

The instant appeal has been filed by the United India Insurance Company challenging the award passed in M.C.O.P.No.2177 of 2002 on the file of the Motor Accident Claims Tribunal cum IV Additional Sub Court, Madurai, primarily on the ground of liability.

2. As per the case of the injured claimant, he had travelled as a pillion rider in a bike that was driven by the seventh respondent in the claim petition. Eighth respondent is being arrayed as the owner of the said two-wheeler. Ninth respondent is said to be insurer of the said two-

wheeler. While the two-wheeler was driven by the seventh respondent in the claim petition, a Maruthi Omni Van was proceeding ahead of the two- wheeler. The said Maruthi Van was driven by the fourth respondent in the claim petition, owned by the fifth respondent in the claim petition and insured with sixth respondent in the claim petition.

3. The rider of the two-wheeler, namely, the seventh respondent in the claim petition made an attempt to over take the Maruthi Omni Van, which was going ahead of the two-wheeler. Only to find that, an auto was coming from the opposite direction. Therefore, he lost his control and it dashed against the opposite com