A.S.Venkatachalamoorthy, J.: National Insurance Company Limited, being aggrieved by the award passed by the Motor Accident Claims Tribunal, Madras, in M.C.O.P.No.435 of 1992, has preferred the above appeal.

2. The first respondent herein filed a petition in M.C.O.P.No.435 of 1992 before the Motor Accident Claims Tribunal, Madras, under Secs.140 and 146 of the Motor Vehicles Act read with Rule 3 of the MACT Rules, praying the Tribunal to fix the compensation payable to him at Rs.1,00,000 and to further hold that the owner and insurer of the vehicle in question viz., lorry bearing Registration No.TN-28-Y-3839 are vicariously liable to compensate him for the injuries sustained by him.

The first respondent herein, as petitioner, has stated in the petition filed by him that when he was riding in his scooter bearing Registration No.TMA-1033 in EVR Salari from east to west, the lorry in question viz., TN-28-Y-3839, owned by the first respondent in the claim petition, which was also coming in the same direction, driven in a rash and also coming in the same direction, as a result of which, he was thrown off the scooter and sustained grievous injuries.

The first respondent herein claimed a tota

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