JUDGMENT :

The petitioner in O.P.(M.V.) No. 570/2010 on the file of the Motor Accident Claims Tribunal, Punalur, is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 31.08.2010. According to the petitioner, on 31.08.2010 at about 8 p.m., while he was riding pillion on a motorcycle, a Maruti car bearing Reg.No.KL-24/7148 driven by the 1^st respondent in a rash and negligent manner, hit on the motorcycle and as a result of the accident, the petitioner fell down and sustained serious injuries.

3. The 1^st respondent is the driver cum 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. The quantum of compensation claimed in the O.P. is Rs.10,00,000/-.

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