JUDGMENT :

A.BADHARUDEEN, J.

1. The 2nd respondent/insurance company before the Tribunal, who indemnified the original 1st respondent who is the owner of the vehicle viz. scooter bearing Reg.No.KL-04/D-6454, has preferred this appeal challenging the award dated 12.01.2012 in O.P(MV) No.349 of 2007 of the Motor Accident Claims Tribunal, Alappuzha.

2. The respondents herein are the original petitioner as well as the 1st respondent.

3. The brief facts of the case :

The 1st respondent/petitioner, who was aged 43 years at the time of accident, claiming to be Proprietor-cum-Worker of a mobile tea shop at Kottayam earning monthly income of Rs.5,000/-u/s 166 of the MV Act, 1988 (as amended 1994) and r/w Rule 371 of the KMV Rules 1989, had filed the original petition for grant of compensation of Rs.1,50,000/-for the injuries sustained by him in the Road Traffic Accident that occurred on 18.07.05 at about 6.15 a.m at the north of KPMUP School on Alappuzha-Thaneermukkom road while he was travelling as the pillion on the scooter bearing Reg.No.KL-04/D-6454 insured with second respondent owned and driven by the 1st respondent from south to north in a rash and negligent manner taking a sudden dee