JUDGMENT :

C.V. BHADANG, J.

1. This Appeal is taken up for final hearing by consent of parties.

2. The Appellant-Insurance Company is challenging the judgment and award dated 15 February 2010 passed by the Motor Accident Claims Tribunal, Mumbai (‘Tribunal’ for short) in Application No. 2840/2002. By the impugned award, the Tribunal has awarded a compensation of Rs. 2,16,398/- (inclusive of the no fault liability) to the first Respondent-claimant alongwith interest at the rate of 6% per annum from 28 October 2008 (the date on which the first Respondent tendered his evidence) till realisation.

3. The first Respondent-claimant was serving as a Salesman in a Gift Centre known as “Greet and Gift Celebration” at Ghatkopar (West), Mumbai. On 15 September 2002, at about 5.30 p.m. the employer of the first Respondent had asked him to bring a Garland. Therefore, the first Respondent had proceeded to a Floweriest Shop on foot. When the first Respondent reached near Smruti Building on Mehta Road at Ghatkopar (West), Mumbai and while he was walking on a footpath, he was hit by the iron bars which were being unloaded from a Motor Lorry bearing No. MCY-3239. As a result of the same, the first Respond