JUDGMENT

(This case has been heard through video conference)

The Civil Miscellaneous Appeal has been filed challenging the fair and decretal order dated 26.06.2008 passed in MCOP.No.794 of 2005 by the Motor Accidents Claims Tribunal, Additional District Judge, Krishnagiri.

2. The case in brief are as follows:

On 18.10.2004 at about 10.00 a.m., while the petitioner was walking along with his two wheeler near by thonnaiyan kuttai, at that time, the first respondent's vehicle bearing Registration No. TN 01 AH 6685 driven in a rash and negligent manner, dashed against the petitioner, as a result of which, he sustained grievous injuries. Immediately, the petitioner was taken to Government Hospital, Krishnagiri and thereafter he was taken to Saint John Hospital, Bengaluru for further treatment. The first respondent remained exparte before the Tribunal.

3.The learned counsel for the appellant has submitted his arguments. As per his submissions, the claimant before the Motor Accident Claims Tribunal (Additional District Judge), Krishnagiri is the appellant herein. He further submitted that no evidence was recorded on the side of respondent. It is the contention of the learned counsel for the ap