JUDGMENT

This Civil Miscellaneous Appeal has been preferred against the fair order and decretal order, dated 13.07.2011 passed in M.C.O.P. No.81 of 2004 by the Motor Accident Claims Tribunal / Subordinate Court, Tuticorin.

2. Brief facts of the petition filed by the claimants before the Tribunal are as follows:-

(i) On 29.08.2001, at about 7.30pm, the petitioner along with his son-in-law as a pillion rider were travelled in the petitioner's motorcycle (TVS suzuki) bearing registration No.TN 69 Y 8649, which was driven by the petitioner in a cautious manner from east to west on the railway bridge next to TTPS roundana and while the petitioner was trying to overtake a town bus, at that time, the 1^st respondent who drove a motorcycle bearing registration No.TN 07 K 3974, belonged to the 2^nd respondent, in a rash and negligent manner from the opposite direction and dashed against the petitioner vehicle. Due to the impact the petitioner and his son-in-law were fell down and sustained grievous injuries. The petitioner sustained injuries on the left side of his head, upper portion of the right leg, etc. Immediately, both were taken to the Government Hospital, Tuticorin for treatment. The pe