1. Though this matter is listed for admission, with the consent of the Learned counsel for the respective parties, it is taken up for final disposal.

2. This appeal is by the claimant challenging the liability fastened on the first respondent-owner and absolving the liability as against the second respondent-insurer.

3. The brief facts of the case are:

The appellant-claimant instituted claim petition before the Tribunal claiming compensation in respect of the personal injuries which he sustained in a motor accident that took place on 25.02.2004 at about 7.00 p.m., near Achina in Padangady village involving Autorickshaw bearing registration No.KA-21-6390, owned by the first respondent and insured with the second respondent at the relevant point of time. In the impugned accident he sustained serious injuries comprising of fractures for which he took treatment in the Hospital by spending huge money. Despite the same, he is not completely cured of the injuries due to which he is unable to carry on his avocation, which has resulted in loss of income to him. Accordingly, he sought for grant of compensation from the respondents.

4. After service of notice, the first respondent