JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and Decree in M.C.O.P.NO.452 of 2009, dated 19.06.2015 on the file of the learned Motor Accident Claims Tribunal, Principal Subordinate Court, Tirunelveli, allow the appeal with Costs.)

1. This Civil Miscellaneous Appeal has been filed to set aside the Judgment and Decree, dated 19.06.2015 in M.C.O.P.NO.452 of 2009, passed by the learned Motor Accident Claims Tribunal, Principal Subordinate Court, Tirunelveli.

2. It is a case of accident, which took place on 06.06.2009, morning at 09.15 a.m., the claimant was riding his two wheeler Yamaha Motor Cycle bearing Registration No.TN-58-L-9992 with his daughter who is a pillion rider from west to east, near Chenaiyar kovil, Madurai Nagar, Railway Colony, a two wheeler bearing Registration No.TN-63-S-4219 belongs to the 2nd respondent herein was riding with rash and negligent manner and dashed against the claimant's vehicle. Due to the said accident, the claimant has caused injuries on body.

3. The claimant has filed a petition in M.C.O.P. No.452 of 2009 on the file of the learned Motor Accident Claims Tribunal, Princip