JUDGMENT :-

(Prayer: This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 23.02.2017 made in M.C.O.P.No.4 of 2015 on the file of the Motor Accident Claims Tribunal (Sub Court), Hosur.)

1. The appeal is filed by the Insurance Company being aggrieved by the award of the Motor Accident Claims Tribunal ( Sub Court ), Hosur fixing liability on it to pay a sum of Rs.2,28,000/- with 7.5% interest from the date of petition till th date of deposit, to the claimant / 1st respondent herein.

2. The claim petition filed by the accident victim alleging on 16.12.2013 at about 11.00 a.m., while he was returning home in his two wheeler Bajaj CD motor cycle bearing registration No. TN 24 V 9355, near Attibele – Andhivadi Check Post Road, Bommandapalli Gate cure, the Bolero car bearing registration No. KA 35 M 4655 owned by on Bala subramani and insured under the TATA AIG General Insurance Company, Limited dashed against the claimant and caused fractured injuries. He was admitted in the hospital for 5 days as inpatient and got discharged after surgery on his right toe. Due to deformed toe, he is not able to carry on his av