1. The appeal is preferred by the Insurance Company/appellant against the award and decree dated 11.05.2004 made in MCOP. No.375 of 2003 by the Motor Accidents Claims Tribunal, Additional District Judge, FTC-3, Vridhachalam.

2. Background facts in a nutshell are as follows:

The first respondent/injured met with motor vehicle accident on 11.05.1998 at about 10.30 p.m. While he was returning from Udumalpet to Sirkazhi with blue metal load in the lorry bearing Regn. No.TN-31-T-4878, due to some noise in the engine, he stopped the lorry. While he was checking the engine, at the time the lorry bearing Regn.

No.TCT.5151 which came in a rash and negligent manner hit behind the parked lorry. As a result of the accident, the injured has caught under the front wheel of his lorry and sustained multiple fracture and grievous injury on both legs. Immediately he was admitted in the Raja Rajeswari Hospital, Dindigul. The claimant claimed a compensation of Rs.10,00,000/-. The appellant-Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

"1. Whether the accident had occurred due to the rash and negligent driving of the respondent/ lorry driver