JUDGEMENT

Challenging the award passed in MACTOP No.112 of 2004 (Before Sub Court OP No.1116 of 2001) dated 27.09.2005 by the Motor Accident Claims Tribunal Judge, on the file of Fast Track Judge No.1, Tindivanam (Motor Accident Claims Tribunal, Tindivanam), the appellant/insurance company is before this Court.

2. On 23.12.2000 at about 04.30 hours, when the claimant was returning from his home near Mailam Road at Tindivanam G.S.T. Road, a vehicle bearing Reg.No.TCM 1359, owned by the second respondent and insured with the appellant/insurance company, driven by its in a rash and negligent manner and hit the claimant-pedestrian, thereby he was thrown away from the place and he sustained grievous injuries in the head and all over the body. Thereafter, he filed a claim petition claiming a sum of Rs.7,00,000/- in MACTOP.No.112 of 2004.

3. Before the Tribunal, the claimant examined himself as P.W.1 and examined the doctor as P.W.2. No witnesses were examined nor any documents were marked on the side of the appellant/second respondent. After adjudication, the Tribunal awarded a sum of Rs.1,99,200/- with an interest rate of 7.5% p.a. Aggrieved by the said order, the insurance company is bef