N. Kirubakaran, J.

This is a sad story of an Army personnel. There was a claim of compensation for the injuries sustained by him. The claimant approached the Tribunal which awarded a sum of Rs. 4,63,808/- (Rupees Four Lakhs Sixty Three Thousand and Eight Hundred and Eight only). Against the said award, the appeal has been preferred by the Insurance Company.

2. The case of the respondent/claimant before the Tribunal was that he was working as Havildar in Indian Army earning about Rs. 5,300/- per month and he sustained injuries when he was travelling in a Motor-Cycle on 13-11-1997, which was hit by a car driven rash and negligently and as a result of which, the claimant was thrown out from the motor-cycle and sustained fracture on the left wrist and injuries all over the body.

3. The appellant/Insurance Company contested the claim petition stating that the accident occurred only due to the rash and negligent driving of the two wheeler. Moreover, it also pleaded contributory negligence on the part of the two wheeler.

4. Before the Tribunal, the claimant was examined as PW.1