JUDGMENT :

VIMAL K. VYAS, J.

1. Being aggrieved by the findings fastening the liability on the Insurance Company to pay compensation and also the quantum of compensation of Rs. 1,00,188/- awarded with interest at the rate of 9% per annum from the date of the claim, the United India Insurance Company has filed the present Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the ‘MV Act’).

2. Short facts giving rise to the present Appeal are as follows:

2.1 That on 2.11.2001 at about 6:00 p.m. the claimant (respondent no. 2 herein) and one Rasiklal (respondent no. 1 herein) were going from Visnagar to Pilodara on a scooter bearing registration No. GJ-2P-9044 and that Rasiklal was driving the scooter and the claimant, who was also the owner of the scooter was a pillion rider. At that time, respondent no. 1 Rasiklal had applied a sudden brake to save a cow came on the road, due to which his scooter skidded and the claimant sustained serious injuries on his left hand. He was treated in the Jay Orthopedic Hospital, Mehsana, as an indoor patient.

2.2 The claimant filed the claim petition before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, imple