JUDGME NT

This Civil Miscellaneous Appeal is preferred by the 2nd respondent/Insurance Company against the award in M.C.O.P.No.2470 of 2018 dated 16.08.2022 on the file of the Motor Accident Claims Tribunal (Principal Sub Judge), Cuddalore.

2. For the sake of convenience, the parties are referred to as per their ranking in the claim petition.

3. Shortly stated, on 07.01.2018 at about 23.00 hours, the petitioner S.

Manibalan was proceeding as a pillion rider on the TVS Apache motorcycle bearing Registration No. PY-01-BY-7342 belonging to the 1st respondent M. Gangaiamaran, travelling from West to East on the customs road at Vellapakkam turning. The 1st respondent rode the motorcycle at great speed, in a rash and negligent manner, and hit a stone on the road, causing the petitioner to fall and sustain comminuted fracture of the shaft of the right humerus, comminuted fracture of both bones of the right forearm, blunt injury on the abdomen, liver laceration Grade 3, injuries on the