P.R. Ramachandra Menon, J.

Whether a ‘Cross Objection’ will lie at the instance of the ‘Insured’, so as to negate the right of recovery conferred over the Insurer in respect of the liability, in an appeal preferred by the Claimant for enhancement, is the primary question to be considered in these proceedings.

2. The appeal arises from the accident occurred on 18.05.2000, when two motor cycles collided with each other causing injuries to the riders of the motor cycles, which led to the claim petitions preferred against the parties of the other vehicle, attributing negligence on the rider of the said vehicle. The first respondent who was stated as owner of the vehicle bearing No.KL-01-A3936 filed written statement contending that he was not the actual owner of the vehicle; that the ownership of vehicle was transferred to the 2nd respondent as on the date of the accident, that the vehicle was got released from the Police by none other 2nd respondent; simultaneously pointing out that the accident was only because of the negligence on the part of the rider of the other motor cycle, i.e., the claimant himself. The 2nd respondent filed written statement disputing the negligence