JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 19.11.2010, made in M.C.O.P. No.1009 of 2008, on the file of the Additional District Judge, Fast Tract Court No.1, (Motor Accident Claims Tribunal), Erode.)

The matter is heard through "Video Conferencing".

This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company challenging the liability fixed on them by the judgment and decree dated 19.11.2010, made in M.C.O.P. No.1009 of 2008, on the file of the Additional District Judge, Fast Tract Court No.1, (Motor Accident Claims Tribunal), Erode.

2. The appellant is the 3rd respondent in M.C.O.P. No.1009 of 2008, on the file of the Additional District Judge, Fast Tract Court No.1, (Motor Accident Claims Tribunal), Erode. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.1,50,000/- as compensation for the injuries sustained by him in the accident that took place on 21.09.2008.

3. According to the 1st respondent, on the date of accident, when the 1st respondent was walking on the Kundrathoor road, while passing by Ramakrishna Fancy Store, the 2nd res