JUDGMENT :

This appeal emanates from award in O.P.(M.V) No.1279/2004 dated 30.01.2012 on the file of the Motor Accidents Claims Tribunal, Thrissur.

2. The appellant herein is the 2nd respondent before the Tribunal, the insurer. The respondents herein are the petitioner as well as the 1st respondent before the Tribunal.

3. One V.K.Suresh, who alleged to have sustained injuries in consequence of a motor accident occurred on 24.08.2003 at 11:40 p.m., while he was riding KL-8/X-6452 motor bike through Chiyyaram to Alumvettuvazhi road, approached the Tribunal and filed petition under Section 163A claiming compensation under the principles of no fault. According to him, while he was riding, an unidentified car hit against the motor bike and in consequence thereof, he sustained injuries. A claim of Rs.9,45,500/-was raised before the Tribunal.

4. The 1st respondent was declared ex-parte by the Tribunal.

5. The appellant, Insurance Company, filed written statement disputing the liability on the ground that the petitioner could not avail the benefit under Section 163A or 140 of the Motor Vehicles Act. Apart from that the quantum of compensation was disputed while admitting policy to cover the ris