JUDGMENT :

((The case has been heard through video conferencing)

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 22.04.2016 made in M.C.O.P.No.459 of 2010 on the file of the Motor Accident Claims Tribunal, (Sub Judge), Dharapuram.)

1. Aggrieved by the dismissal of the claim petition, the appeal is filed by the accident victim.

2. The Appellant herein is employed as Assistant in Tamil Nadu State Transport Corporation. On 01.03.2006, at about 7.45 p.m while he was riding his TVS - 50 moped bearing registration No.TN-33-W-1748 near Dobi colony Dharapuram - Udumalpet road, he met with an accident when the cyclist negligently fell before him. The appellant sustained injury on his head, right shoulder and thumb. He was admitted at PSG Hospital, Coimbatore and immediately admitted at GH, Dharapuram, for 20 days treated as inpatient and thereafter, for 40 days as out patient. Seeking compensation of Rs.1,80,000/-. He has filed claim petition against his insurer of his moped owner under Section 166 (1) of Motor Vehicles Act.

3. The respondent/Insurance Company filed counter stating that the accident occur