JUDGMENT :

Sathi Kumar Sukumara Kurup, J.

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the award and decree dated 26.07.2018 made in M.C.O.P.No.1793 of 2015 on the file of the Motor Accidents Claims Tribunal, I-Additional District Court, Salem.

1. This Civil Miscellaneous Appeal had been preferred against the Award and Decree dated 26.07.2018 made in M.C.O.P.No.1793 of 2015 on the file of the learned Motor Accidents Claims Tribunal, I-Additional District Court, Salem.

2. The Insurance Company is the appellant herein. The facts of the case are as follows:

The claimant is the injured/victim of road traffic accident that took place on 11.10.2014. While the claimant, G.Rajaganapathy was riding his two wheeler bearing Registration No.TN-30-AU-0489 on the left side of the road and when he reached near Salem Steel Plant and to enter Sago serve gate, a car bearing Registration No.TN-30-BB-1264 which was driven by its driver in a rash and negligent manner, came and hit the claimant's vehicle on the rear side, as a result of which, the app