JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 59 of 1988 seeking to enhance the award dated 06.08.2022 made in M.C.O.P. No. 2360 of 2011 on the file of Motor Accident Claims Tribunal, VI Small Causes Court, Chennai.)

1. The appeal has been filed by the petitioner challenging the quantum of compensation awarded by the Tribunal in M.C.O.P. No. 2630 of 2011 dated 06.08.2022.

2. The appellant had filed a claim petition stating that on the date of accident i.e., on 12.02.2011 at about 10.50 p.m., while he was travelling in an auto bearing Registration No.TN 04 U 4658 along with his friends, the auto driver drove the auto in a rash and negligent manner as a result of which the auto capsized and the appellant suffered injuries and Cr.No. 111 of 2011 was registered for the offence under Sections 279 and 337 of the Indian Penal Code on the file of C5 Vengal Police Station, Thiruvallur.

3. The second respondent filed a counter denying the averments in the petition and submitted that the accident had not taken place due to the negligence of th