JUDGMENT :

1. Being aggrieved and dissatisfied by the judgment and award dated 02.04.2011 passed by the Motor Accident Claims Tribunal(Aux), Ahmedabad (Rural), in MACP No. 805 of 2004, the Insurance Company has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. The following facts emerge from the record of the appeal

2.1 That the accident occurred on 06.10.2003 near Mahalaxmi Char Rasta, Paldi, Ahmedabad City. As per the record, it is the case of the claimant that he was travelling in rickshaw bearing registration No. GJ1XX3415 from Geeta Mandir to his house and when the rickshaw was passing near Mahalaxmi Char Rasta, the driver of the rickshaw lost control over the steering and the rickshaw turned turtle because of which the respondent-original claimant sustained serious injuries.

2.2 As can be seen from the record, the original claimant was admitted to V.S. Hospital for treatment as he had sustained fracture on his left leg. The FIR came to be lodged and the respondent-claimant filed present claim petition under section 166 of the Act and claimed compensation of Rs. 4,00,000/.

2.3 The respondent-claimant was examined at e