(1.) The appellant is the claimant in MCOP No.1388 of 2009 on the file of the Additional District Judge, Fast Track Court No.4, Motor Vehicle Accidents Claim Tribunal, Bavani, Erode District.
(2.) The appellant has filed the above claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in a road accident, that took place on 03.01.2009, at about 5.30 p.m., when he was travelling as a pillion rider in a motor cycle bearing registration No. TN 33 AM 1114, belonging to the first respondent, near Chinnapallam on Bavani-Mettur Main raod. According to the claimant, the first respondent drove the above motor cycle rashly and negligently and hit a lorry form behind, as a result of which, the claimant sustained injuries.
(3.) Copies of the First information Report (Ex.P1), rough sketch (Ex.P6), observation mahazar (Ex.P5), Report of Motor Vehicle Inspector (Ex.P7) show that the rash and negligent driving of the first respondent was the cause of the accident. However, the trial court relying on an undertaking (Ex.R1) allegedly given by the claimant, dismissed the entire claim petition.