JUDGMENT :

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the fair and decreetal order dated 14.12.2012 made in M.C.O.P.No.111 of 2008 on the file of Motor Accident Claims Tribunal (Sub Court), Padmanabhapuram.)

1. This appeal is filed against the order dated 14.12.2021 made in M.C.O.P.No.111 of 2018 on the file of Motor Accident Claims Tribunal (Sub Court), Padmanapuram.

2. The appellant herein is the third respondent. The first respondent herein is the claimant. The second and third respondents herein are the respondents 1 and 2 in the original claim petition.

3. Brief substance of the claim petition in M.C.O.P.No.111 of 2008 is as follows:

The petitioner is a student, he was studying in 8th Standard. On 26.02.2007 at about 4.30 p.m., when the petitioner was travelling in the driver's cabin in an Auto bearing registration No.TN-74-V-3341, the first respondent drove the vehicle in a rash and negligent manner, the vehicle capsized and the petitioner sustained injury. He was admitted in CSI Hospital, Kulasekaram and he undergone surgery and took treatment as inpatient from 26.02.2007 to 06.03.2007. The petitioner claimed a sum of R