JUDGMENT:

1. The award, dated 25.03.2008, passed in O.P.No.156 of 2007 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Madanapalle (for short “the Tribunal”) is assailed by the New India Assurance Company Limited, with whom the offending Ashok Leyland lorry bearing No.KA-07-A9991 is insured, whereunder it has been directed to pay compensation of Rs.75,000/- to the claimant together with interest and costs.

2. The grounds urged by the appellant-insurance company to challenge the award impugned are precisely stated as under:

3. The first and foremost contention raised by the insurance company to claim that the award impugned is against to law is that the claim petition under Section 163A of the M.V.Act cannot be filed by a person who himself caused the accident. The accident in question has taken place due to the negligent driving of the offending lorry by the claimant.

4. The second contention of the insurance company is that it has not been noticed by the court below that the claimant filed the petition under Section 166 of M.V.Act, in such circumstances, the same may not have been converted into Sec.163A of M.V.Act. The conversion of the