(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the United India Insurance Company Limited, the insurer of the offending vehicle and is directed against the award dated 26th September 2005 passed by the Motor Accident Claim Tribunal, (Auxi.), Ahmedabad City in M.A.C.P.No.131 of 1995 thereby awarding a sum of Rs.1,31,900/ - with interest at the rate of 9% per annum from the date of filing of the claim application till recovery.
(2.) AFTER going through the materials on record, it appears that at about 9.45 pm on 21st October, 1993 while the claimant was passing on road, he was hit by Matador bearing registration No.GJ -09 -T762 which was driven in rash and negligent manner, resulting in severe physical injury on the left leg of the victim for which operations were made on five different occasion, but in spite of that the claimant could not become normal.
(3.) THE claim application was filed five moths after the accident though the claimant himself lodged the complaint before the police station on the very next day.