JUDGMENT :

J. NISHA BANU, J.

1. Feeling aggrieved by the Award dated December 11, 2018 passed in M.C.O.P.No.195 of 2013 on the file of the Motor Accidents Claims Tribunal, Sub Court, Gobichettipalayam, ['Tribunal' for short] the third respondent / Insurance Company preferred this Civil Miscellaneous Appeal.

2. For the sake of convenience, the parties herein will be referred to as per their rank in the Motor Claim Original Petition.

Petitioner's case

3. The case of the petitioner / claimant is that on October 24, 2012 at 1.30 pm, the petitioner was travelling as a pillion rider in the motorcycle bearing registration no.TN 36 J 8283 driven by the fourth respondent on the left side of the road towards East to west in Perundurai to Thingalur road, at Thudupathi near Thulukkampalayam in a normal speed by following traffic rules. At that time the first respondent drove the lorry bearing registration No. TN 30 U 5271 in a rash and negligent manner, dashed against the motorcycle. Due to the accident the claimant suffered multiple fractures in his right leg. Immediately after the accident, the claimant was taken to KMCH hospital, Erode. Accident took place due to the rash and negligent driving o