JUDGMENT :

K.RAJASEKAR, J.

This Appeal has been filed by the second respondent /Insurance Company in M.C.O.P.No. 28 of 2016 challenging the Judgment and Decree dated 23.01.2018, wherein the Tribunal has held that the second respondent shall indemnify the owner of Tempo traveller and pay entire compensation and rejected the contentions of the second respondent that the accident was taken place due to the negligent act of driver of respondent No.4.

2. For convenience, the parties are referred to by their litigant status before the Tribunal.

3. The facts of the case are that on 05.07.2008, at about 10:30 p.m., the deceased Mr.Sivasubramanian, and others were traveling from Pondicherry to Chennai Airport in a Tempo Traveller with registration number TN 32 C 9663. Near Molasur on the Pondy-Tindivanam National Highway, the driver of the Tempo Traveller drove it rashly and negligently, dashed with a lorry bearing registration number TN 32 B 1459, which was parked on the left side of the road. The accident resulted in injuries to two passengers and also the driver of the Tempo Traveller. Subsequently, both passengers succumbed to their injuries. Two separate claim petitions have been filed by