JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award made in M.C.O.P.No.687 of 2017 dated 21.11.2022 on the file of the Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli.)

1. This Civil Miscellaneous Appeal is preferred against the award dated 21.11.2022 passed in M.C.O.P.No.687 of 2017 by the Motor Accident Claims Tribunal/Special Subordinate Court, Tirunelveli.

2. The respondent in M.C.O.P.No.687 of 2017 is the appellant herein.

3. The petitioner/claimant is the respondent herein filed the claim petition in M.C.O.P.No.687 of 2017.

4. For the sake of convenience, the parties arrayed in M.C.O.P.No.687 of 2017 is adopted hereunder.

5. The brief facts of the case:

On 07.05.2017 the petitioner was travelling in the respondent’s bus bearing registration number TN 01 N 8105 from Trichy to Chennai and at about 4.30 hours while the respondent’s bus was driven by its driver in a rash and negligent manner and dashed against the parked lorry bearing number TN 21 L 1333 near Tholuthur. Due to impact, the petitioner sustained multiple injuries. After taking first aid at Government Hospital, the petitioner took treat