Challenging the Award dated 24.11.2008 in O.P.No.270 of 2003 passed by the Chairman, M.A.C.T-cum-V Additional District Judge, Nellore (for short the Tribunal), R2/Insurance Company preferred the instant appeal.

2) The factual matrix of the case is thus:

a) The case of the claimant is that on 15.05.2002 at about 10:30 AM, when he was proceeding on his Bajaj Chetak scooter bearing No. AP 26D 5806 and after crossing East Cabin Booking Office at Nellore, one auto bearing No. AP 26 U 1146 being driven by its driver at high speed and in a rash and negligent manner, came in the wrong side and dashed the scooter of the claimant. Thereby, the claimant fell down and sustained grievous injuries. Immediately he was taken to the Government Hospital, Nellore, later he was shifted to private hospital for better treatment. It is averred that the accident was occurred due to the rash and negligent driving by the driver of auto. On these pleas, the claimant filed O.P.No.270 of 2003 against respondents 1 and 2, who are owner and insurer of the offending auto and claimed Rs.1,00,000/- as compensation under different heads mentioned in the O.P.

b) Respondent No.1 remained ex parte.

c) Respondent N