JUDGMENT :

P.T. ASHA, J.

PRAYER: Petition filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 28th day of September 2018, made in M.C.O.P. No. 699 of 2012, on the file of Motor Accident Claims Tribunal (Sub Court), Sangagiri and be pleased to dismiss the above claim and thus render justice.

1. The issue involved in the above appeal is whether the petitioner who had travelled as an unauthorized passenger in a goods vehicle can claim compensation from the owner of the vehicle in which he has travelled for the injuries sustained by him in the accident that had occurred while the petitioner was so traveling. The facts, in brief, are as follows. The parties herein below are referred to as the same ranking as before the Lower Court (Sub Court).

2. The petitioner/claimant would submit that he is a 22 year old power loom mechanic earning a monthly income of Rs.7,500/-. On 20.09.2012 he and his four friends had travelled in a Tata Ace vehicle bearing registration no. TN 52 B 9331 belonging to the 1st respondent and insured with the 2nd respondent, for visiting a temple. In the claim petition the said claimant would state that he had visited the Ka