(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/the New India Assurance Company Ltd., against the Award and Decree, dated 13.06.2005, made in M.C.O.P.No.161 of 2003, on the file of the Motor Accidents Claims Tribunal, Sub Court, Ponneri, awarding a compensation of Rs.1,56,500/- together with interest at the rate of 9% per annum from the date of filing the claim petition till the date of payment of the compensation.
(2.) BOTH appeal and cross objection arising out of the same Judgment, they are taken up together and disposed of by a common Judgment.
(3.) THE second respondent/THE New India Assurance Company Ltd., filed a counter and resisted the claim, which reads as follows: