1. Respondents 1 to 3 are served but there is no response. The 4th respondent appears through counsel.

2. The appeal arises from the award dated 01.01.2010 in O.P(MV) No.1609 of 2005 of the Motor Accidents Claims Tribunal, Ernakulam (for short, “the Tribunal”). The appellant claimed that on 24.01.2005 at about 9.10 a.m., while riding a motor cycle bearing No.KL-7/AE-5950 along the Perandur- Thammanam road and he reached place of the accident, another motor cycle bearing registration No.KL-7/AT-3346 (for short, “the offending vehicle”) came from behind and hit the motor cycle which the appellant was riding. The appellant suffered fracture of the tibia and fibula, underwent inpatient treatment in Lisie Hospital, Ernakulam until 31.01.2005 and continued outpatient treatment. He claimed compensation from the respondents, owner-cum-rider of the offending vehicle and its insurer (respondents 1 and 2, respectively) The 3rd and 4th respondents are the owner and insurer of the motor cycle which the appellant was riding at the relevant time.

3. The 3rd respondent remained absent in the Tribunal. The other respondents contested the claim petition. They denied the accident. The Trib