JUDGMENT :-

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle Act, 1988, against the judgment and decree made in M.C.O.P.No.249 of 2015 on the file of the Motor Accidents Claims Tribunal (District Judge), Krishnagiri dated 21.11.2016)

1. Heard the Learned Counsel for the appellant and the Learned Counsel for the respondent No.1.

2. This Appeal is preferred by the Insurance Company being aggrieved by the award of the Tribunal fastening liability on the appellant/Insurance Company to pay compensation of Rs.4,18,900/- with 7.5% interest to the claimant. The appeal is filed challenging both the liability as well as the quantum.

3. As per the claim petition filed under Section 163-A of the M.V Act, the claimant Rafi along with one Thangavelu, as drivers of the lorry bearing registration No.KA-01-D-1685, left Sankagiri to Solapur at Maharashtra on 27.03.2012. While the claimant was driving the lorry along the Chitradurga to Hospet Highway in between the villages Madanaickanahalli and Chikkakondanahalli, a cyclist, who was going in front of the lorry suddenly turned to the middle of the road. To avoid hitting the cyclist, the claimant swerved the lorry but unfort