JUDGMENT :

This appeal is at the instance of the Original Petitioner in O P (MV) No.3016/2000 on the files the Motor Accidents Claims Tribunal, Ernakulam. He impugns award dated 30.01.2008. The respondents herein are the respondents before the Tribunal.

2. Heard the learned counsel for the appellant as well as the learned Standing Counsel for the Insurance Company.

3. Short facts:-

The appellant, who sustained injuries pursuant to a motor accident occurred on 16.08.2000 at about 6.45 p.m. when he was hit down by a tipper lorry bearing registration No.KR-F 9734 driven by the second respondent in a rash and negligent manner, approached the Tribunal and lodged petition under Section 166 of the MV Act. According to the appellant, the accident occurred while he was riding on his scooter bearing registration No.KRB 1986. Since the appellant sustained very serious injuries, he claimed Rs.3,50,000/-as compensation.

4. The third respondent-insurer of the tipper lorry filed written statement specifically disputing the accident as well as negligence alleged against the second respondent and it is specifically alleged that the accident is the contribution of negligence on the part of the appellant