JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award made in M.C.O.P.No.164 of 2013, dated 21.08.2015, on the file of the Motor Accidents Claims Tribunal cum IV Additional Sub Judge, Madurai.)

1. The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, challenging the award made in M.C.O.P.No.164 of 2013, dated 21.08.2015, on the file of the Motor Accidents Claims Tribunal cum IV Additional Sub Judge, Madurai.

2. The Appellant/Insurance Company, which was made liable along with the owner of Auto Rickshaw to pay compensation of Rs.1,77,000/- with interest at 7.5% per annum to the claimant, who was a passenger in the auto Rickshaw, for the injury suffered by him, consequent to an accident occurred on 09.03.2012, involving the auto Rickshaw bearing Registration No.TN 67 R 5349, questioned the liability mulcted on it and more particularly, the application of doctrine of 'pay and recovery' adopted by the Tribunal.

3. The Appellant/Insurance Company has neither challenged the finding of the Tribunal that the auto Rickshaw driver was responsible for the accident nor the quantum arrived at b