JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 13th October, 2015, passed in M.C.O.P. No. 891 of 2009 by the Motor Accident Claims Tribunal (II Additional District Court), at Salem.

The case has been heard through video conferencing.

1. The appeal is filed by the Insurance Company being aggrieved by the liability fixed on the Insurance company by the Motor Accident Claims Tribunal.

2. On 26.11.2008, when the claimant Balaji was travelling with goods in his van bearing Registration No. TN-30-E-6257, the driver of the van drove the van with rash and negligent manner and the van was capsized. In the accident, the claimant Balaji sustained fracture in his right leg, right side feet, left shoulder, deep cut injury and abrasion over left leg and both hands. He was admitted in the hospital as inpatient and continuing his treatment for the injury. Hence, he has filed claim petition seeking Rs. 5,00,000/- as compensation.

3. The Insurance Company contested the claim petit