( 1 ) NOT satisfied with award dated 02. 12. 1999 made in M. A. C. T. O. P. No. 837 of 1997 on the file of the Motor Accidents Claims Tribunal, (Principal District Judge), Dharmapuri District at Krishnagiri, the claimant has preferred this appeal.

( 2 ) BRIEF facts leading to this appeal are as follows: On 20. 10. 1995 at about 11. 00 a. m. , when the appellant was proceeding towards Krishnagiri in a lorry bearing registration No. TCG 3400, another lorry bearing Registration No. TN-31-1921, owned by the first respondent, came in a rash and negligent manner, dashed against his lorry and caused heavy damages to the lorry. The lorry owned by the first respondent is insured with the second respondent, the Oriental Insurance Company Limited. The appellant claimed compensation of Rs. 1,00,000/- as damage to the property.

( 3 ) THE Second respondent-Insurance company resisted the claim, contending inter alia that the accident did not occur in the manner set out in the claim petition. They disputed the driving licence of the appellant.

( 4 ) BEFORE the Tribunal, the appellant examined himself as P. W. 1. P. W. 2 is the driver of his vehicle. Ex. P1 - First Information Report dated 20. 1

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