H.N. Sarma, J.

1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the appellant Insurance Company challenging the legality and the validity of the judgment and Award dated 12.7.2004 passed by the learned Motor Accident Claims Tribunal in TS (MAC) Case No. 228/2003 awarding a sum of Rs. 2,76,000.00 to the claimant respondent directing to be indemnified by the appellant Insurance Company.

2. I have heard Mr. D.K. Biswas, learned Counsel for the appellant Insurance Company and Mr. Somik Deb, learned Counsel for the claimant respondent.

3. The claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal, Agartala, registered as TS (MAC) No. 28/2002 praying for compensation amounting to Rs. 35,00,000.00 for the injuries sustained by him on account of vehicular accident that took place at Baramura on Assam Agartala Road alleging rash and negligent driving of the vehicle bearing registration No. TR-01-A-1517 (Truck) wherein the claimant was travelling on the fateful day.

4. It is pleaded by the claimant respondent in the claim petition, inter alia, is that on 5.2.2002 while he was travelling i