A.K.RAJAN, J.

This appeal has been preferred by the Insurance Company against the award passed by the motor Accidents Claims Tribunal, Ariyalur.

2. The claimant filed a claim petition in connection with an accident that took place on 23.2.1992 in which the claimant sustained injuries. The claimant made a claim for Rs.1 lakh and to prove his claim, the claimant has examined himself as P.W.1 and two other witnesses as P.Ws.2 and 3 and marked Exs.P.1 to P.7. On the side of the respondents, two witnesses were examined and Exs.R.1 to R.5 were marked. After considering the evidence on record, both oral and documentary, the Tribunal found that the accident had occurred due to the negligence of the driver of the motor vehicle and awarded a compensation of Rs.90000/- together with interest at the rate of 12% p.a. The Tribunal has also held that the vehicle was insured with the second respondent and directed the second respondent to pay the compensation. Aggrieved by the said award, the second respondent, United India Insurance Company Limited has preferred this appeal.

3. The learned counsel for the appellant submitted that the accident took place on 23.2.1992, whereas the insuran