1. K.Muthu, the claimant is the appellant herein.

2. Challenging the award exonerating the National Insurance Company, the second respondents herein, from the liability and holding that then owner of the vehicle, the first respondent herein, alone is liable to pay the compensation of Rs 12,500 for the injuries sustained by the claimant, as against the total claim of compensation of Rs 50,000, this appeal has been filed before this Court.

3. On 6. 88 at about 7.30 P.M., the claimant Muthu was riding in his tri-cycle from south to north in Waltax Road on the Western side of the road. When he was going opposite to Padmanbha Theatre, the auto-rickshaw bearing registration No.TME.1231 came from behind with a very high speed in a rash and negligent manner and hit and knocked down the claimant, as a result of which, he fell down and sustained injuries. He has a fracture in his right hand fore-arm. He took treatment in Government Hospital, Madras.

4. Hence, he filed a claim petition seeking for the compensation of Rs.50,000. The first respondent is the owner-cum-driver of the auto-rickshaw. The second respondent is the National Insurance Company with which the auto-ricksha