1. The appellant/2nd respondent has preferred the appeal in C.M.A.No.1037 of 2004, against the judgment and decree made in M.C.O.P.No.417 of 2000, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Dindigul.

2. The petitioner has filed the claim in M.C.O.P.No.417 of 2000, claiming compensation of a sum of Rs.1,00,000/- from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that on 26.04.1996 at about 11.30 a.m., when the petitioner was riding his moped on the Dindigul railway station road, from east towards north and when he was nearing Nagal near water tank, the 1st respondents Jeep bearing registration No.KL-11-2293, coming on the same road and driven by its driver at a high speed and in a rash and negligent manner dashed against the petitioner and caused the accident. The petitioner fell down and sustained injuries. He was admitted at the Dindigul Yoga Hospital. Hence, the injured petitioner, has filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the Jeep bearing registration No.KL-11-2293.

3. The 2nd respondent in his counter has submitted that the averments ma