JUDGMENT :

(R. Sakthivel, J.) :

(Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 28.04.2015 made in M.C.O.P.No.321 of 2010 on the file of the Motor Accident Claims Tribunal (Additional Special Judge) at Krishnagiri praying to set aside the same.)

Dissatisfied with Award dated April 28, 2015 made in M.C.O.P.No.321 of 2010 on the file of 'Motor Accident Claims Tribunal (Additional Special Judge), Krishnagiri' [henceforth 'Tribunal'], the second respondent / appellant has filed this Civil Miscellaneous Appeal.

2. For the sake of convenience, the parties will henceforth be referred to as per their array before the Tribunal.

Petitioner's case

3. The case of the petitioner is that on September 25, 2007 at about 19.30 hours, the petitioner, was riding Suzuki Motorcycle bearing Registration No.KA29-E-5077 along with his friend-Bakash as pillion rider, from Hosur to Pedda Sigarlapalli. While they were nearing Perandapalli Bus Stop, the driver of the Cargo Lorry bearing Registration No.TN72-Z-9272 belonging to the first respondent and insured with the second respondent, who was driving the Lorry in a rash and negli