JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 04.01.2010 and made in M.C.O.P.No.516 of 2007 on the file of Motor Accident Claims (Principal Sub Judge), Tirunelveli.)

1. This Civil Miscellaneous Appeal has been directed as against the judgment and award passed by the learned Motor Accident Claims Tribunal, Principal Sub Judge, at Tiurnelveli in M.C.O.P.No.516 of 2007 dated 04.01.2010, challenging the liability and quantum awarded.

2. For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P.No.516 of 2007.

3. The factual matrix of the present case, briefly stated, are as under:-

This is a injury case. On 28.07.2007, at about 22.45 hours, the petitioner was riding a M 80 motor cycle bearing registration No.TN-72- T-3578 in the main road, Surandai in front of S.P.N shop, while so another motorcycle bearing registration No.TN-22-AB-4743 belonging to the first respondent insured with the second respondent driven by its rider in a rash and