JUDGMENT :

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 01.10.2018 passed in M.C.O.P. No.1370 of 2016 on the file of the learned Special Sub Judge No.II, II Special Sub Court-cum-Motor Accidents Claims Tribunal, Salem.)

1. The Civil Miscellaneous Appeal on hand is preferred against the judgment and decree dated 01.10.2018 passed by the learned Special Sub Judge No.II, II Special Sub Court-cum-Motor Accidents Claims Tribunal, Salem in M.C.O.P. No.1370 of 2016.

2. Though the Motor Accident Claims Tribunal passed a common order, the other MCOP was considered and compensation was awarded. As far as the present Civil Miscellaneous Appeal in respect of Mr.Durairam is concerned, MCOP No.1370 of 2016 filed by him, seeking compensation, was dismissed. Thus, the present Civil Miscellaneous Appeal is filed by the appellant, namely, Mr.Durairam.

3. The accident occurred on 25.12.2015 at about 01.30 A.M. in Perundurai-Erode Main Road, Mettukadai, Opposite to Sri Venkateshwara Rice Mill. The Erode Taluk Police Station registered a case in Crime No.483 of 2015 under Sections 279, 337 and 338 of IPC. The a