JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree in M.C.O.P.No.11 of 2013 dated 29.04.2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Ariyalur.)

1. The appeal is filed by the insurance company being aggrieved by the quantum of compensation awarded to the accident victim.

2. On 28/12/2012 at about 7.45 p.m., near Thalavai Sakthivel Rice Mill on Pennadam to Thalavai Main Road, a lorry bearing registration No. TN 61 A 6279 dashed against the claimant / first respondent herein, who was travelling along the said road in his motorcycle bearing registration No.TN 61 C 4258 carrying his friend Kasinathan on the pillion. In the said accident, the claimant sustained severe head injury. He was admitted in the Government Hospital at Viruthachalam and later, shifted to JIPMER at Pondicherry. The accident occurred due to the negligence of the lorry driver. Hence, criminal case was registered against him for causing grievous hurt by rash and negligent driving.

3.