1. This Civil Miscellaneous Appeal has been filed against the award dated 30.07.2013 passed in M.C.O.P. No. 885 of 2009 on the file of the learned Motor Accident Claims Tribunal (Small Causes Court), Chennai, wherein and whereby the Tribunal dismissed entire claim petition.

2. Brief facts are that on 10.12.2008 at about 7.00 hours, the clamant injured was proceeding in his motorcycle bearing registration No.TN 01 AB 4645 from west to east at Sakthinagar near Deepika Gas agency, Thirumullaivoil at that time a van bearing Registration No. TN 20 AK 1197 was driven by its driver in rash and negligent manner from opposite direction and hit the motor cycle, thereby the petitioner sustained grievous and the driver of van is responsible for accident taking advantage of grievous injury in the accident, a criminal case in Crime No. 805 of 2008 has been registered against injured was registered by Poonamallee Traffic investigation. At the time of accident, the injured was aged 35 years and was working as Tabella player and was earning Rs.3,300/- per month. Stating that the acci