JUDGMENT :

The petitioner in OP(MV) No.149/2011 on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant in MACA No.2390 of 2012. The 1^st respondent in the O.P, is the appellant in MACA No.711 of 2012. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. According to the petitioner on 08.06.2010 at about 11.45 pm, while he was driving a pick up van through Kottayam – Wayanad road, a lorry bearing registration No.KL-13-R-77 driven by the 3^rd respondent in a rash and negligent manner, hit on his van. As a result of which, he sustained serious injuries.

3. The 1^st respondent is the owner and the 2^nd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle.

4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle.

5. The evidence in the case consists of the oral testimony of PW1 and documentary evidence Exts.A1 to A6 and B1.

6. After evaluating the evidence on record, the Tribunal awarded