JUDGMENT :

This appeal under Section 173 of Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed by the Oriental Insurance Company Limited challenging the judgment and award dt.31.08.2005 delivered by the Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram in M.V.O.P.691 of 2002 granting compensation of a sum of Rs.78,000/- along with interest @ 9% per annum thereon from the date of presentation of the claim till the date of realization of the amount, to the claimant/petitioner on account of the injuries sustained by the claimant in the road accident occurred on 25.05.2002 at Nathavalasa, Vizianagaram District.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Motor Accidents Claims Tribunal (hereinafter referred to as “the Tribunal”).

3. The factual context of the case is as under:

(a) On 25.05.2002 at about 10.30 p.m., the petitioner boarded a lorry bearing registration No. AP 16 X 2697 at Pendurthi Village to go to Palasa. On the way when the lorry reached a place near Nathavalasa, the 1st respondent/driver drove the