1. The NewIndia Assurance Company Limited represented by its Branch Manager, Perambalur Branch, which figured as respondent No.2 before the Tribunal in M.C.O.P.No.71 of 2004, is the appellant herein. The first respondent herein preferred a claim on the file of the Motor Accidents Claims Tribunal (District Judge), Perambalur against the second respondent herein and the appellant herein being the owner and insurer of the offending vehicle for a sum of Rs.5,00,000/-as compensation for the injuries allegedly sustained by him in an accident that allegedly took place on 25.01.2004 at about 2.30 p.m. near Valikandapuram within the jurisdiction of Mangalamedu police station.

2. It was the contention of the first respondent herein/claimant before the Motor Accidents Claims Tribunal that while he was proceeding on the Trichy-Chennai NH road in the direction of South to North at a place called Valpattarai on the South of Valikandanpuram in his T.V.S. 50 two wheeler bearing Registration No.TN-45-W-5084 keeping one Ramakrishnan, who is relative of the claimant as pillion rider, a Tata 407 Van bearing Registration No.TN-46-9451 belonging to the second respondent herein/first responden