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 t