1. The insurance company has come forward with this appeal questioning the liability to pay the compensation of Rs.1,68,300/-awarded by the Court below in favour of the claimant/first respondent for the injuries sustained by him in an accident that took place on 22.12.2004 at about 9.30 am.

2. The claimant filed the claim petition by contending that on 22.12.2004 at about 9.30 pm when he was riding the vehicle TVS Victor motorcycle bearing Registration No. TN 37 AE 1372 from Coimbatore Thadagam Road towards Muthannan Kulam to Selvapuram, with one pillion rider, the driver of the vehicle Bajaj Pulzar bearing Registration No. TN 37 AH 1086, in an attempt to overtake the two wheeler driven by the claimant, hit the vehicle from behind. In the impact, the claimant sustained fracture in his right leg and also underwent a surgery. According to the claimant, he was aged 21 years at the time of accident, working as a Marketing Executive in a private company and earning Rs.5,000/- per month. Theefore, for the injuries sustained in the accident, he claimed a sum of Rs.4,50,000/- as compensation.

3. The insurance company disputed the nature and manner in which the accident is said