This Civil Miscellaneous Appeal has been filed against the order dated 28.10.2013 passed in M.C.O.P.No.228 of 2009 on the file of the Motor Accident Claims Tribunal (Additional District Court), Namakkal, wherein and whereby the Tribunal directed the appellant-Insurance Company to pay a sum of Rs.1,85,000/- to the first respondent for the injuries sustained in a road traffic accident occurred on 16.8.2008.

2. Brief facts are that on 16.8.2008 at about 19.30 hours, the first respondent was driving Hero Honda motorcycle bearing registration No.TN-28 AB 8833 owned by the second respondent and he was nearing Sankari bus stop, opposite to Muniyandi villas hotel on the left side of the road in a moderate speed, an unknown and unidentified bus hit the motorcycle, due to which, the petitioner sustained grievous injuries all over the body. Immediately, after the accident, the petitioner was admitted as in-patient at Government Hospital, Sankari, wherefrom he was taken to Kurinji Hospital, Salem and then admitted in K.G. Hospital, Coimbatore and altogether he had taken treatment for nearly 30 days. Regarding the accident, a criminal case in Crime No.716 of 2008 under Section 279 and 338 I.P.C. was registered at Sankari Police Station as hit and run. At the time of accident, the first respondent was aged 29 years and was working as Branch Manager in Sri Ram Chit Funds, Sankari and was earning a sum of Rs.4000/- per month. According to the first respondent, the second respondent is the owner of the motorcycle used at the time of accident and the appellant is the insurer of the motorcycle. Due to injuries sustained in the accident, the first respondent was not able to do his normal work. Hence, the first respondent filed the claim petition under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/- from the respondents.

3. Resisting the claim petition, the appellant has filed the counter stating that the first respondent was the driver of the Hero Honda motorcycle bearing registration No.TN-28AB 8833 and he drove the motorcycle with all due care and caution. It is stated that an unknown bus hit against the motorcycle and caused the accident. The First Information Report was also registered against the unknown bus driver for his rash and negligent driving. Since the accident occurred due to negligent act of the unknown bus driver, the driver of the motorcycle was not at all responsible for the accident. Therefore, the claim made by the first respondent against the appellant-Insurance Company is untenable. No amount of liability can be fixed on the appellant-Insurance Company. It is also stated that there is no valid policy coverage for the driver of the motorcycle and the driver was not entitled to file any claim before the Tribunal. The appellant denied the age, occupation and income of the first respondent and also the compensation claimed is highly excessive and prayed for dismissal of the claim petition.

4. Before the Motor Accident Claims Tribunal, the first respondent examined himself as P.W.1 and Dr. Sivalingam, who assessed the disability of the first respondent was examined as P.W.2. Exs.P1 to P13 were marked. On the side of the appellant, three witnesses were examined and Exs.R1 to R3 were marked.

5. Upon consideration of oral and documentary evidence, the Tribunal held that the first respondent is entitled to get compensation from the appellant-Insurance Company under Section 163A of the Motor Vehicles Act, 1988. Finding that the first respondent sustained 45% disability in the accident and due to injuries he was not able to do hard work, the Tribunal awarded total compensation of Rs.1,85,000/-. Being aggrieved by the order of the Tribunal, the appellant has preferred this appeal both on liability and also quantum of compensation awarded.

6. Heard Mrs. K. Saraswathi, learned counsel for the appellant and Mr. C. Thangaraju, learned counsel for the first respondent and also perused the materials avai