JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decreetal order made in M.C.O.P.No.64 of 2010 dated 29.02.2012 by the learned Motor Accident Claims Tribunal, (Special Court), Nagercoil.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.64 of 2010 dated 29.02.2012, on the file of the Motor Accident Claims Tribunal/Special Judge, Nagercoil.

2. The appellant herein is the claimant and the respondents herein are the respondents in the claim petition. The appellant herein has filed a claim petition in M.C.O.P.No.64 of 2010, claiming compensation for the injuries sustained by him, in an accident that took place on 17.04.2010. The Tribunal has awarded a sum of Rs. 1,10,000/- (Rupees One Lakh and Ten Thousand only) as compensation. Against which, the appellant has preferred this appeal, for enhancement of compensation.

3. Brief substance of the claim petition in M.C.O.P.No.64 of 2010 is as follows:

The petitioner was a mason earning Rs.8,750/- per month. On 17.04.2010, at about 9.30 p.m., when the petitioner was walking along the pathway to his house, a Tata car bear