This civil miscellaneous appeal has been filed by the appellant/second respondent against the decree and judgment passed in MCOP NO.93 of 2001 by the Motor Accident Claims Tribunal/Sub Court, Cheyyar dated 31.03.2004, awarding a compensation of Rs.1,00,000/- (Rupees one lakh only) together with interest at the rate of 9% from the date of filing of the claim petition till date of payment of compensation.

2. Aggrieved by the decree and judgment, the appellant/second respondent, the National Insurance Company Limited has filed the appeal before this Court.

3. The History of the case is as follows;-

On 18.04.1999, at about 01.30 a.m. in the wee hours, the vehicle Tata Sumo bearing registration No.TN-25-Y-0347 was driven by its driver Palani and the petitioner travelled in the said car. When the said car was nearing an area between Akkur joint road and Mangal village, an iron rod broke in the car and so the vehicle had gone out of control. The driver of the vehicle, Palani, asked Mubarak Ali, who travelled in the vehicle, to jump from the car. Mubarak Ali jumped from the car and following him, the driver also jumped from the car. Then the car proceeded on the right side and f