JUDGMENT

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This Civil Miscellaneous Appeal is directed againt the judgment and decree made in M.C.O.P.No.645 of 2016, dated 12.3.2019, on the file of the Motor Accidents Claims Tribunal(Special Sub-Court), Dindigul.

2.By an order, dated 12.03.2019, the Motor Accidents Claims Tribunal(Special Sub-Court), Dindigul, had dismissed the M.C.O.P.No.645 of 2016, on the ground that the First Information Report is filed as against the claim petitioner and hence he is at negligence and holding so, the Tribunal had dismissed the claim Petition. Aggrieved by the said finding of the Tribunal, the present Civil Miscellaneous Appeal is filed by the claim petitioner.

3.The learned counsel for the appellant would contend that the evidence of P.W.2 was not considered by the Tribunal. The presence of P.W.2 is also noted in the First Information Report-Ex.P1 and therefore, the Tribunal ought to have accepted the oral evidence of P.W.1, the occurrence witness, regarding the rash and negligent driving on the part of the offending vehicle, which is insured with the second respondent and also filed additional document, which is the copy of the Referred Charge sheet in Crime No.228 of 2016, on the fil