The above Civil Miscellaneous Appeal has been filed by the Appellant/third respondent against the Award and Decree dated 10.10.2005, made in M.C.O.P.No.739 of 2004 , on the file of the Motor Accident Claims Tribunal (III Additional Sub court), Coimbatore, awarding a compensation amount of Rs.5,19,218/- with 7.5% interest per annum, from the date of filing petition till the date of payment of compensation.

2. Aggrieved by the said Award and Decree, passed by the Motor Accident Claims Tribunal, (III Additional Sub court), Coimbatore. in M.C.O.P.No.739 of 2004, the appellant /United India Insurance Corporation Limited, Salem has filed this appeal praying to set aside the award and decree passed by the Tribunal.

3. The short facts of the case are as follows:

On 03.12.2002, at about 12.50 p.m., the petitioner was riding TVS 50 Motor Cycle bearing registration No.TN-38-7683 slowly, observing all traffic rules, on the Avinashi Road. When nearing the petrol Bunk, and Hope College, a lorry bearing registration No.TCF-5679 coming from behind, from West to East direction at a hectic speed and uncontrollably dashed against the Motor Cycle, resulting in the petitioner sustaining gr