This is an appeal preferred by the insurance company being aggrieved by the judgment and award passed by the Member, Motor Accident Claim Tribunal, Sangamner, Dist. Ahmednagar in MACP no. 69/2004 decided on 17-6-2009 whereby the present appellant and respondent no. 2 are directed to pay compensation of Rs.4, 71,658/- together with interest at the rate of 7.5% from the date of petition till its realisation.

2. Briefly stated, facts giving rise to this appeal may be stated as below:-

On 26-2-2004 at about 8.30 pm, respondent No.1 Karbhari was proceeding from Sangamner Sugar factory towards Sangamner bus stand in auto rickshaw bearing no. MCN 7081 owned by respondent no.2 and insured with respondent no.1 - appellant. When the auto rickshaw was passing near Sahyadri Garage on Pune - Nasik highway, it gave dash to one bullock cart and the petitioner who was sitting in the auto rickshaw on left (cleaner) side sustained serious injuries which ultimately resulted in amputation of his left leg. The rickshaw driver was prosecuted by police. Respondent no. 1 - claimant filed claim petition for getting compensation on Rs.5,00,000/-.

After hearing both the sides, the tribunal awarded co