JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the order and decree dated 22.11.2012 passed in M.C.O.P.No.2058 of 2009, on the file of the Motor Accident Claims Tribunal Third Additional Subordinate Judge Court), Tiruchirappalli.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.2058 of 2009 dated 22.11.2012, on the file of the Motor Accident Claims Tribunal Third Additional Subordinate Judge, Tiruchirappalli.

2. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the claim petition. The first respondent herein has filed a claim petition in M.C.O.P.No.2058 of 2009, claiming compensation for the injuries sustained by the claimant, in an accident that took place on 06.08.2009. The Tribunal has awarded a sum of Rs. 3,88,425/- (Rupees Three Lakhs Eighty Eight Thousand Four Hundred and Twenty Five only) as compensation. Against which, the appellant has preferred this appeal.

3. A brief substance of the claim petition in M.C.O.P.No.2058 of 2009 is as follows:

On 06.08.2009, at about