1. The appellant is the Insurance Company, which is aggrieved by the Judgment and Decree dated 26.10.2008 passed by the Motor Accident Claims Tribunal, (Sub Court) Salem in M.C.O.P.No.2456 of 2002. (For brevity hereinafter referred to as the Tribunal and the impugned order respectively).

2. By the impugned order, the Tribunal has awarded a sum of Rs.60,000/-as compensation to the legal heirs viz., respondents 2 to 4 of the deceased Sivabackiyam.

3. It was the case of the deceased / claimant that on 01.07.2002 at about 9.00 a.m. aged about 56 years, while walking on the road, a rider of a TVS Super XL belonging to the 5th respondent and insured with the appellant knocked her down from behind and injured her resulting in a fracture to her left tibia with laceration and protruding bone as per Ex.A.4 doctor certificate dated 01.07.2002.

4. It is seen from Ex.P.1-FIR and Ex.P.4-wound certificate filed by Perumal son of the deceased Sowabackayam stated that while the deceased was proceeding on the road side to dump garbage she was hit by a TVS XL-50 bearing No.TN.31-M.0355 dri