1. Civil Miscellaneous Appeal filed to set aside the order dated 20.4.2012 in I.A.No.871/2011 in MCOP No.153 of 2008 on the file of Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Namakkal.

2. The claimant is the appellant. Claim petition was filed, claiming compensation for the injuries sustained by him in a road accident, that happened on 4.4.2006 at Baramkela-Lodhia Road near Kandanpra, Raigarh District at Chattisgarh State.

3. The claimant, who was a permanent resident of Mayiladuthurai, was working at Namakkal and was employed as Manager-cum-Driller in Nataraja Borewell, Tiruchengode. He used to go to other States for executing the borewell operations. Likewise he was engaged in borewell operation at Chattisgarh State.

4. On 4.4.2006, around 4.00 a.m, he was proceeding as a pillion rider in TVS Suzuki Motorcylce, bearing registration No.TN-34-B-6816, from his office on the Baramkela-Lodhia Main Road. The motorcycle was driven by one Saravanan and owned by the second respondent. As they were negotiating a turn near Kanchanpur, the said Saravanan drove the vehicle in a rash and negligent manner and there was a sudden jerk and in that jerk, the claimant was t