JUDGMENT

R D Dhanuka, J. - By this first appeal, the appellant (original respondent no.2) has impugned the judgment and order dated 2nd November,2011 passed by the M.A.C.T., Mumbai allowing the Application No.3581 of 2005 filed by the respondent no.1 herein (original applicant) directing the appellant to pay a sum of Rs.90,000/- jointly with the owner of the offending vehicle to the applicant at the rate of 9.25% from the date of the claim till realization. By consent of parties, the first appeal is heard finally.

2. Learned counsel for the respondent no.1 tendered compilation of pleadings, documents and evidence forming part of the record before the M.A.C.T. Some of the relevant facts for the purpose of deciding this appeal are as under :-

3. On 11th July, 2004, the applicant was travelling as a passenger in a auto-rickshaw bearing no. MH-02-QA-9127 from Malvani to Bandra Linking Road when the said auto-rickshaw dashed against the divider of the road and as a result thereof, the accident took place. It was the case of the applicant before the Tribunal that the said auto-rickshaw was insured with the appellant insurance company. The said autorickshaw failed to apply the breaks effec