The Civil Miscellaneous Appeal is filed against the judgment and decree dated 13.08.2010 made in M.C.O.P.No.93 of 2008 on the file of the Ivth Additional Sub-Judge (Motor Accident Claims Tribunal), Madurai.

2. The appellant is the claimant in M.C.O.P.No.93 of 2008. He filed the said claim petition, claiming a sum of Rs.7,00,000/- as compensation for the injuries sustained by him in the accident that took place on 24.10.2006. According to the appellant, on that day, at 7.00 p.m., when he was riding a motorcycle at a moderate speed, a lorry was going in front of him slowly, after giving signal, the appellant tried to overtake the lorry. At that time, a two wheeler driven in the opposite direction by the first respondent in a rash and negligent manner, dashed against the motorcycle and caused the accident. The appellant has sustained multiple injuries and taken treatment as in-patient in the hospital. The appellant, on the above averments, filed the claim petition. The respondents 1 and 2 filed a separate counter statement and denied all the averments made in the claim petition and contended that the accident occurred only due to rash and negligent riding by the appellant and