JUDGMENT :

V. Khalid, J.

The Petitioner in O.P. (M.V.) No. 632 of 1979 on the file of the Motor Accidents Claims Tribunal, Trivandrum is the Appellant before us. He claimed damages to the extent of Rs. 1 lakh from Respondents 1 and 2 for injuries suffered by him on account of an accident on 4.9.1977 in which he and the first Respondent were involved. According to the Appellant the accident occurred due to the negligence of the first Respondent. The 2nd Respondent is the insurance company, with whom the scooter driven by the first Respondent was insured. The Tribunal awarded a total compensation of Rs. 50,000/-. Aggrieved by the reduction so made, the Appellant has filed the appeal. A cross-objection is filed by the 2nd Respondent and sustains it on the plea that the first Respondent/insured did not contest the claim and was colluding with the Appellant, wherefor the limitations imposed on the insurance company u/s 96(2) of the Motor Vehicles Act will not stand in the way of urging all the defences available.

2. We will now refer to the facts of the case briefly. The Appellant wa