JUDGMENT :

(This case has been heard through video conference)

This Civil Miscellaneous Appeal has been filed by the appellant seeking enhancement of compensation awarded by the Tribunal in the award dated 06.10.2012 in MCOP.No.1482 of 2008 on the file of the Motor Accidents Claims Tribunal, XVII Additional Judge, Small Causes Court, Chennai.

2. The case in brief is as follows:

On 28.02.2008 at 10.30 hours, while the claimant was walking at Kelambakkam to Vandaloor road, a Crane bearing registration No.TN-22-AY-3110 driven by its driver in a rash and negligent manner from behind took a left turn in order to avoid collision with a vehicle coming in the opposite direction and in that process hit the claimant, as a result of which, he sustained grievous injuries on his right leg. Immediately, he was taken to Stanely Government Hospital for treatment. The first respondent remained ex-parte before the Tribunal.

3. The second respondent/Insurance Company had disputed the claim of the claimant and filed the counter statement. After due enquiry, on assessment of the evidence before the Trib