1. Suraj Prakash, the first respondent in MAC Appeal No. 291/2008, suffered injuries in a motor vehicular accident that occurred on 31.12.1999 on account of rash driving of Toyota car bearing registration no. DL 2CG 6655, which was statedly insured against third party risk with New India Assurance Co. Ltd. (appellant in MAC Appeal no. 291/2008). He instituted an accident claim case (suit no. 1107/2007) on 20.05.2000 seeking compensation impleading, amongst others, the insurer of the offending vehicle.

2. The tribunal, after inquiry, by judgment dated 18.02.2008 accepted the case of compensation on the principle of fault liability. The tribunal found that the claimant had suffered injuries including fracture of the thigh bone of the left lower limb, proof having been adduced of prolonged treatment involving seven surgical procedures as also of the injuries having rendered, the claimant permanently disabled, the disability having been found, as per the medical opinion, to be to the extent of 41%. The tribunal awarded compensation in the total sum of Rs. 7,22,348/- and directed the same to be paid with interest to the claimants fastening the liability on the insurer.

3. By the