1. The Civil Miscellaneous Appeal is filed by the appellant-Insurance Company against the Judgment and decree dated 15.02.2006 made in M.C.O.P.No.87 of 2005 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Cuddalore.

2. The background facts in a nutshell, are, as follows:- A.Ramesh, the claimant, met with a motor vehicle accident that took place on 29.10.2004 at about 04.30 p.m. The claimant, at the time of accident, was riding his bicycle near Kannarapettai Main Road, at that time, the bus bearing Registration No.TN-31 D-3636, belonging to the second respondent herein, came from opposite direction in a rash and negligent manner and also high speed and hit the claimant's bicycle. Due to the same, the claimant sustained fracture and multiple grievous injuries. Immediately, he was given first aid at Cuddalore Abirami Hospital and Cuddalore Government Hospital. The claimant claimed a compensation of Rs.10,00,000/- before the Tribunal. The said bus was insured with the appellant-Insurance Company, who resisted the claim. On pleadings, the following issues were framed by the Tribunal:- a) On whose negligence the accident had occurred? b) At the