IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2010

CORAM :

THE HONOURABLE MR.JUSTICE B.RAJENDRAN

C.M.A. No.862 of 2007

R. Santhanakrishnan

... Appellant/Petitioner

Versus

1. N.Muvendan

2. The New India Assurance Company Ltd.,

Rep. Branch Manager,

Nela West Street,

Nagapattinam.

... Respondents/Respondents

Appeal filed under Section 173 of the Motor Vehicles Act, 1988

against the Judgment and Decree dated 09.11.2005 made in

M.A.C.T.O.P.No.14 of 2005 on the file of the Motor Accident Claims

Tribunal, Principal Sub Court, Nagapattinam.

For Appellant

:

Mr.K.Bhaskar

For Respondents

:

Mr.K.Suryanarayanan for R.2

No Appearance for R-1

JUDGMENT

The claimant is the appellant in this appeal. The Court below

dismissed the claim petition filed by the claimant, against which the

present appeal has been filed.

2.

The claim petition was filed contending that on 25.10.2002

at about 1.30 pm, when the claimant was going in a bicycle in

Nagapattinam, near Bazaar Street, the Motor Cycle bearing

Registration No.TN-51-B-4579 was driven by its driver in a rash and

negligent manner and dashed against him. In the impact, the claimant

sustained injur