JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated 27.06.2007 made in M.A.C.T.O.P.No.1323/2003 on the file of the Motor Accident Claims Tribunal Salem (Additional District Judge, Fast Track Court No.1 Salem).)

1. This Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the liability fixed on the appellant/Insurance Company by award dated 27.06.2007 made in M.A.C.T.O.P.No.1323/2003 on the file of the Motor Accident Claims Tribunal Salem (Additional District Judge, Fast Track Court No.1 Salem).

2. The claimant/1st respondent has filed a claim petition in M.A.C.T.O.P.No.1323/2003 on the file of the Motor Accident Claims Tribunal Salem, claiming a sum of Rs.3,00,000/- as compensation for the injuries sustained by him in the road accident which took place on 07.02.2003.

3. According to the first respondent/claimant, on 07.02.2003 at about 11.30 a.m., he travelled as pillion rider while his friend was riding Bajaj Pulsorn Motor cycle bearing registration No.TN-60-Y-1189 from Yercaud Main road to Salem near Senthil Complex, Chinnakollapatti. When the rider tried to ove