1. This appeal is directed against the judgment and decree dated 30.08.2005 in A.S.No.212 of 2003 on the file of Principal District Judge, Tuticorin, reversing the judgment and decree dated 17.06.2003 in O.S.No.351 of 2000 on the file of Subordinate Judge, Tuticorin.

2. The suit in O.S.No.351 of 2000 was preferred by the appellant against the respondent claiming a sum of Rs.50,000/- on account of damages caused to his vehicle on account of accident.

3. In the plaint in O.S.No.351 of 2000, it was the case of the appellant that his vehicle bearing Registration No.TN-67-9927 was duly insured with the respondent for the period in question. The said vehicle was taken for hire to transport cattle to Tenkasi Mattu Santhai on 24.04.1998 by one Duraipandian and accordingly, while the vehicle was proceeding to the place of destination, it met with an accident near Pattathur Vilakku Road in Kalugumalai-Sankarankoil main road and in the said accident, the vehicle was seriously damaged. The accident was immediately intimated to the respondent. There was also a criminal case in respect of the said accident. Since the respondent had repudiated the claim preferred by the appellant, he