(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant / New India Assurance Company Limited, against the award and decree passed in M.C.O.P.No.782 of 2008, dated 17.07.2009, on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.3, Dharapuram.
(2.) THE short facts of the case are as follows:-
(3.) ON the plea of both parties the Tribunal had framed three issues for consideration namely:-