JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the fair and decreetal order, dated 05.08.2013, passed in M.C.O.P.No.143 of 2012 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Thanjavur at Kumbakonam.)

1. This Civil Miscellaneous Appeal is filed against the award, dated 05.08.2013, passed in M.C.O.P.No.143 of 2012 on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Thanjavur at Kumbakonam.

2. The appellant herein is the claimant and the respondents herein are the respondents in the original claim petition.

3. Brief substance of the petition, in M.C.O.P.No.143 of 2012, is as follows:-

On 22.07.2010, at about 12.00 noon, while the petitioner was travelling in a TATA ACE vehicle bearing Registration No.TN-68-A-0689 to transport the goods, the vehicle was driven by its driver in a rash and negligent manner and in a turning, the petitioner lost balance and fell down and sustained fracture. The petitioner claimed a sum of Rs.10,00,000/- as compensation.

4. Brief substance of the counter filed by the second respondent, in M.C.O.P.No.143 of 2012, is as follows:-

The petitione