This appeal is preferred by the second respondent against the award in M.C.O.P.No.407 of 2005 dated 20.03.2008 passed by the Motor Accidents Claims Tribunal (Fast Track Court No. IV), Bhavani, Erode District.

2. For the sake of convenience, the parties shall be referred as per their original rank.

3. The case of the claimant was that after visiting his sister, he was travelling to his home in Bhavani Road in Bajaj CT 100 Motor Bike bearing Registration No.TN-36-H-9918 with one Mr.Perumal at about 12.30 hours on 25.10.2005. Mr.Perumal was driving the vehicle and the claimant was the pillion rider. To fuel the vehicle, after showing hand signal, when Mr.Perumal slowly turned right towards Karpagam Petrol Bunk, the ambulance van, owned by the second respondent, driven rash and negligently by the first respondent hit the bike in which the claimant was travelling, resulting in the death of Mr.Perumal on the spot and grievous injuries to the claimant. The claimant claimed to be an agriculture labour and after the accident claimed that he has sustained permanent disability and he is unable to attend agricultural coolie works.

4. Before the Claims Tribunal, the second respondent remai