1. These two appeals are filed against the decision rendered by the District Judge, Trivandrum as Motor Accidents Claims Tribunal. M F.A 46 is filed by the first respondent and the other is filed by the petitioner in O.P. (M.V.) 106 of 1977. For purpose of convenience the parties to these appeals will be referred to in the same manner as they are described in the petition filed before the lower court. The first respondent is the owner of a motor car KLT. 8181. The petitioner while he was riding a motor cycle got injured in a collusion with that car at about 7-40 P.M. at a place called Manamboor in the National High Way between Quilon and Trivandrum. The petitioner alleged that the accident occurred on the eastern foot-path of the road due to a rash and negligent driving of the car by the second respondent. A sum of Rs. 56,500/-was claimed as compensation. The first respondent, the owner and the second respondent the driver denied that the accident took place at the eastern foot-path and alleged that it occurred in the public road. There was no rash or negligent driving on the part of the car driver, and the accident occurred because the petitioner does not know bow to d