JUDGMENT

Sanjay Agrawal, J. - This Miscellaneous Appeal has been preferred by Non-Applicant No.3/The New India Assurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act of 1988) questioning the legality and propriety of the award dated 17.10.2012 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.116/2011, by which, the Claims Tribunal, while allowing the claim in part, awarded total amount of compensation to the tune of Rs.3,81,796/- with interest @ 7.5% per annum from the date of filing of Claim Petition till its realisation. The parties to this Appeal shall be referred hereinafter as per their description in the Court below.

2. Briefly stated the facts of the case are that on 18.08.2010, the Claimant Rakesh Kumar Anant was returning to his home by his motorcycle from Jagdalpur to Narayanpur and as soon as he reached near the bridge at Kotgaon village, it was dashed vehemently from its opposite side by the offending vehicle "Indica Car" bearing its registration No. C.G.-04/HB/0843. The said offending vehicle was owned by Non-Applicant No. 2 Dr. Hiralal Thakur and was insured with Non-Applican