JUDGMENT :

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.5667/2012 on the file of Motor Accident Claims Tribunal, III Judge, Small Causes Court, Chennai dated 23rd December 2014.)

(The case has been heard through video conference)

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the accident victim aggrieved by the dismissal of his claim petition.

2. The point for consideration in this appeal is:

Whether the dismissal of the claim petition by the Tribunal on the ground that the petitioner being the cause for the accident and the tort-feasor is not entitled for any compensation under any of the provisions of Motor Vehicles Act, 1988 is legally sustainable?

3. The averments in the claim petition filed under Section 163 A r/w Section 140 of the Motor Vehicles Act,1988 is that the claimant R.Vijay on 28.10.2012 at 13.00 hours while proceeding in his motorcycle bearing TN-02-AR-7107 at Perambur Barrack Road, Opposite to Otteri Police Station Quarters, Chennai from south to north, a motorcycle Honda Activa bearing Reg.No.TN-05-P-1776 driven rashly and negligently from the opposite